In the IND Limited Industrial District, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following:
A. 
Laboratories for scientific research, testing and product development, but not involving commercial production or danger from combustible or radioactive materials.
B. 
Central headquarters or branch office buildings designed to be occupied by, and solely occupied by, a single business enterprise.
C. 
Manufacturing of light machinery.
D. 
Fabrication of paper products comprising any of the following: bags, bookbinding, boxes, paper, packaging materials, office supplies and toys.
E. 
Manufacturing, assembly, fabrication, processing or treatment of products from previously prepared materials, such as canvas, cellophane, cloth, cork, furs, glass, paper, plastics and wood (excluding planing mills).
F. 
Printing or publishing establishments.
G. 
The production, reproduction and transmission of electric power.[1]
[1]
Editor's Note: Former Subsection H, Warehousing, which immediately followed this subsection, was repealed 3-1-2022 by Ord. No. 2022-03. This ordinance also redesignated former Subsections I through L as Subsections H through K.
H. 
The headquarters and operation centers of well drillers and construction contractors.
I. 
The manufacturing, compounding, processing, packaging or treatment of beverages, food, candy, cosmetics, dairy products, drugs, perfumes, ice, plastics, pharmaceuticals, toilet supplies and similar products.
J. 
Farm uses permitted in the R-5 Residential District, subject to the requirements for that district.
[Amended 7-6-2010 by Ord. No. 2010-12A]
K. 
Single-family residence, subject to the requirements for the R-5 Residential District.[2]
[Amended 7-6-2010 by Ord. No. 2010-12A]
[2]
Editor's Note: Former Subsection M, Solar energy facility, which immediately followed this subsection, was repealed 3-1-2022 by Ord. No. 2022-03.
Accessory uses and structures to any of the above permitted uses are permitted, including:
A. 
Cafeteria, first-aid and medical facilities located within a building and operated for the exclusive use of employees of the enterprise constituting a principal industrial use.
B. 
Recreational areas for employees of the enterprise constituting a principal industrial use.
C. 
Storage, including equipment and materials storage, provided, with respect to lots whose principal use is a use permitted by § 100-21A through J of this Part 1, that the area devoted to such use is enclosed within a building or is screened by a wall, planting or other barrier approved by the Planning Board. However, outdoor storage areas shall be limited to 50% of the existing building’s footprint.
[Amended 3-1-2022 by Ord. No. 2022-03]
D. 
Accessory uses to a single-family dwelling described in § 100-45A and B of this Part 1.
E. 
Solar panels erected on the roof of a building or on the ground, subject to meeting all requirements of § 100-20.1.
[Added 6-1-2010 by Ord. No. 2010-13]
F. 
[1]Small wind energy system as an accessory use to a permitted farm use encompassing 20 or more contiguous acres in the IND District and subject to all of the following requirements:
[Added 6-1-2010 by Ord. No. 2010-14]
(1) 
A wind tower for a small wind energy system shall be set back from all property lines a distance of at least 150% of the total height of the wind energy system and shall be set back from any buildings and overhead utility easements located on the property a distance equal to 110% of the total height of the small wind energy system.
(2) 
A wind tower shall have a maximum tower height no greater than 120 feet. To the extent that this height limit precludes the effective use of a small wind energy system on a particular site, such system shall not be a permitted use.
(3) 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The wind tower shall be designed and installed so that the first eight feet above the ground have no step bolts, no ladder and no other means for climbing the tower.
(4) 
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(5) 
The wind generator and the wind tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer.
(6) 
There shall be no signs posted on a small wind generator system or any associated building that will be visible from any public road except for the manufacturer's or installer's identification, appropriate warning signs or owner identification.
(7) 
Small wind energy systems that connect to the public electric utility system shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.[2]
[2]
Editor's Note: See N.J.A.C. 14:8-4.1 et seq.
(8) 
Meteorological or met towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as small wind energy systems.
(9) 
For wind speeds in the range of zero mph to 25 mph, the noise level generated by any small wind energy system, measured at the nearest property line, shall not exceed 55 dB(A) at night nor 65 dB(A) during the day, per applicable noise regulations.
(10) 
A zoning permit shall be obtained from the Township Zoning Officer confirming that all requirements of this section will be met prior to the issuance of applicable construction permit(s), but site plan approval shall not be required.
(11) 
The application for a zoning permit shall include all of the following information:
(a) 
A survey plan indicating property lines and physical dimensions of the property.
(b) 
A survey plan indicating location, dimensions and existing structures on the property.
(c) 
A plan indicating the proposed location and dimensions of the proposed wind tower.
(d) 
A plan indicating the locations of any overhead utility easements on the property.
(e) 
Proposed small wind energy system specifications, including manufacturer and model, rotor diameter, system height, tower height and tower type (freestanding or guyed).
(12) 
A small wind energy system that has been out of service for a continuous twelve-month period shall be deemed to have been abandoned and shall be completely removed from the premises within three months of such abandonment; areas from which small wind energy systems have been removed shall be restored to a preinstallation state. The owner of the land occupied by the small wind energy system shall be responsible for such removal.
(a) 
The Zoning Officer may issue a notice of abandonment to the landowner of a small wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
(b) 
The landowner shall have the right to respond to the notice of abandonment within 30 days of receipt.
(c) 
If the owner provides information to the Zoning Officer within the requisite thirty-day response period that demonstrates that the small wind energy system has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(d) 
If the Zoning Officer determines that the small wind energy system has been abandoned, the landowner of the small wind energy system shall remove the wind generator and the wind tower and all other equipment associated with the small wind energy system, at the landowner's sole expense within three months after receipt of the notice of abandonment, and the area of the site that contained such equipment shall be restored to a preinstallation state.
(e) 
If the owner fails to remove the wind generator and wind tower and other equipment in the time allowed under Subsection F(12) above, the municipality may pursue legal action to have such equipment removed at the landowner's expense.
(13) 
Termination of the principal agricultural use of the lot or a reduction in the lot area associated with an agricultural use below 20 acres shall terminate the rights to the accessory use and shall require immediate removal of the small wind energy system as provided in Subsection F(12) above.
[1]
Editor's Note: This subsection was adopted as Subsection E, but was redesignated as Subsection F to maintain the organization of the Code.
[Added 6-1-2010 by Ord. No. 2010-14]
A. 
Warehousing as a conditional use, subject to meeting the following conditions:
[Added 3-1-2022 by Ord. No. 2022-03[1]]
(1) 
Warehouse buildings shall not exceed 70,000 gross square feet.
(2) 
The building shall be limited to a maximum of 14 loading docks.
(3) 
Loading doors shall be located on the side and/or rear of the building.
(4) 
All goods, merchandise, materials, and/or commodities shall be stored indoors. No outdoor storage is permitted.
(5) 
A traffic impact analysis detailing trips, routes, and necessary off-site improvements shall be provided.
(6) 
The Applicant/Owner shall provide detailed truck routes traveling to and from the site as part of any Application submission. Any amendment to an approved route shall require review and approval by the Board.
(7) 
Any necessary off-site traffic improvements directly related to the proposed use, such as intersection improvements and road widening, shall be paid for by the Applicant.
[1]
Editor's Note: This ordinance also redesignated former Subsection A as Subsection C.
B. 
Solar energy facility (major/commercial) as a conditional use, subject to meeting the following conditions:
[Added 3-1-2022 by Ord. No. 2022-03]
(1) 
Site plan required. A site plan shall be submitted for review and approval showing all elements of the proposed facility as required herein and complying with all of the checklist requirements for submission of a site plan in the IND Zoning District.
(2) 
Locational/site qualification regulations for a solar energy facility (major/commercial).
(a) 
The site proposed for a solar energy facility (major/commercial) shall have a minimum lot area of at least 20 contiguous acres that are owned by the same person or entity and shall otherwise comply with the lot width, lot depth and other dimensional requirements of the zoning district.
(b) 
Except pursuant to a permit issued by NJDEP, no portion of such facility shall occupy any area of land designated and regulated by NJDEP as floodplain, flood hazard area, wetlands, wetlands transition area or riparian corridor. An applicability determination from the NJDEP shall be provided as a condition of approval to document the presence and/or absence of these regulated areas at the time a site plan is submitted. The applicant shall also maintain the minimum required riparian buffer along any C-1 waterway in accordance with the Surface Water Quality Standards rules at N.J.A.C. 7:9B-1.4, even if the riparian buffer area was previously disturbed for agricultural purposes.
(c) 
Such facilities shall not occupy areas of land designated by the NJDEP as critical habitat for state threatened and/or endangered species of flora and fauna. Moreover, no land having slopes over 30% shall be occupied by such facilities.
(d) 
Woodlands shall not be clear cut to accommodate such facilities. Any removal of more than 10 trees having a diameter in excess of 12 inches dbh (diameter at breast height) shall require replacement on site of all but the first 10 trees.
(e) 
An applicant seeking approval of a solar energy facility (major/commercial) shall provide documentation and evidence of a firm commitment from the electric utility that the alternative electrical energy to be generated by the solar and photovoltaic energy facilities and structures shall be purchased or utilized by an improvement on site and/or purchased or utilized by the electricity utility provider.
(3) 
Bulk/buffering regulations.
(a) 
Such facility shall not occupy any area outside the required principal building setback lines for the zoning district in which the facility is to be located except that utility poles for outside connections to the electrical power grid may be placed outside the required principal building setback lines. A security fence is required around the entire perimeter of the facility. The security fencing shall be located within or at the required principal building setback lines; however landscaping, buffering and berms may be located outside the required principal building setback lines.
(b) 
The maximum building coverage limits for principal and accessory structures in this zoning district shall not apply to such facilities; provided, however, that all setback and buffering requirements of this section and for this zoning district shall be met and further provided that no development shall be permitted to occur in any area of the lot in which development is prohibited by regulation of either this Township or the State of New Jersey.
(c) 
The maximum permitted vertical height above ground for the highest point of any ground-mounted solar and photovoltaic energy panels shall be 10 feet, or 14 feet at the lower part of a grade if located on a slope.
(d) 
The minimum vegetated visual buffer width for such facility shall be the greater of 50 feet or the minimum requirement for other uses in the same zone.
(e) 
Such facility shall be screened by topography and/or natural vegetation, supplemented by additional plantings as needed, or by berms and landscaping, from public traveled ways (public roads, navigable waterways, and publicly available trails on land owned by or held by easement of a public entity), residential buildings on an adjoining lot, open space owned by or subject to easement of a public entity, and historic sites and buildings listed in the State and/or National Registers of Historic Places. To accomplish this:
[1] 
To the extent feasible, installations shall be sited behind existing vegetation, supplemented with landscaping, using berms and landscaping only where existing vegetation is nonexistent or sparse.
[2] 
To the extent feasible, installations shall be sited where natural topography can provide or at least add screening.
[3] 
Berms shall be constructed with a width at base of at least 25 feet to allow for proper growth of root structure and to lend a more natural appearance.
[4] 
Landscaping shall include an even blend mix of coniferous and deciduous trees and shrubs that are indigenous to the area avoiding invasive species. Such plantings shall be depicted on a plan, presented in and approved as part of the site plan, prepared by a licensed landscape architect. At the time of planting, deciduous trees shall be not less than two inches to 2 1/2 inches dbh and coniferous trees shall be a minimum of eight feet to 10 feet in height or at least five feet higher than the height of the highest solar or photovoltaic panel.
[5] 
All ground areas of the lot occupied by the facility that are not utilized for access to operate and maintain the installation, for berms and landscaping, for existing additional principal uses on the lot, or for agricultural uses, or that will remain forested, shall be planted and maintained with shade-tolerant grasses for the purpose of soil stabilization. A seed mixture of native, noninvasive shade-tolerant grasses shall be utilized and specified in the landscaping plan. If it can be demonstrated by the applicant that an alternative vegetative ground cover consisting of a seed mix of native, noninvasive plant species and nonnative, noninvasive shade-tolerant species is acceptable for soil erosion control and soil stabilization and can be better sustained over the life of the facility, the approving authority may approve such an alternative to the requirement for native, noninvasive shade-tolerant grass mix. The use of stone, gravel, wood chips or shavings or any artificial material shall not be permitted for soil erosion control and soil stabilization. If land having a slope of greater than 20% is proposed to be disturbed, additional soil erosion and sediment control measures may need to be implemented, and shall be subject to approval, based upon the recommendations of the Township Engineer.
[6] 
A maintenance plan shall be submitted for approval as part of the site plan that provides for the continuing maintenance of all required plantings, including a schedule of specific maintenance activities to be conducted. Maintenance of the required berms and landscaping shall be a continuing condition of any approval that may be granted. The use of herbicides shall not be permitted as an acceptable maintenance practice.
(4) 
Installation and site development requirements.
(a) 
Only nonglare glass shall be used to minimize the potential for reflective glare.
(b) 
No portion of the facility or its component parts shall be used for displaying any advertising. Signage shall be limited to the identification and safety signage permitted elsewhere in this section.
(c) 
All new distribution or transmission power lines on site shall be placed underground except as necessary to connect to already existing aboveground power towers, poles and lines. Feeder lines and collection lines may be placed overhead near substations or points of interconnection to the electric grid.
(d) 
No soil shall be removed from any site upon which such a facility is constructed. Necessary grading shall be accomplished so that no off-site soil removal or off-site fill is required.
(e) 
Land disturbance, grading and the construction of site improvements associated with the installation of such a facility, on any lot that has been and will continue to be used for agricultural purposes, shall be directed, insofar as is feasible, to portions of the lot that contain neither prime agricultural soils or soils of statewide significance. Where land disturbance, grading or the construction of site improvements on such soils is unavoidable, it shall be limited to the minimum intrusion necessary to construct required access roads, inverter and switching equipment pads and other facilities required for connection to the grid.
(f) 
A barrier or fence having a height of at least eight feet (unless a greater height is required by law) shall be installed around the entire perimeter of the installation and entirely within the required building setback lines, which barrier shall secure the facility at all times; restrict access to all electrical wiring, transformers and high voltage equipment; and comply with applicable Uniform Construction Code requirements. One or more locked access gates (not less than 20 feet in width) to the facility shall be provided. Each locked access gate shall include a sign identifying the responsible parties for operation of the major solar and photovoltaic energy facilities and structures; for maintenance of the facility; and for maintenance of the berm, landscaping and security fence; and for ownership of the land upon which the facility is located.
(g) 
The site plan shall provide for adequate and appropriate drainage facilities, which shall be designed such that site grading and construction shall not alter the natural drainage patterns of stormwater originating both within and beyond the property boundaries, which is not inconsistent with Article XXIV of this Chapter 100, Stormwater Management Regulations.
(h) 
The site plan shall include a construction/staging plan identifying the location, size and configuration of the areas to be used on a temporary basis during construction for the delivery and storage of materials and equipment and for the off-street parking of construction workers' vehicles. The construction/staging plan shall include a plan and timetable for the restoration of these areas upon completion of construction.
(5) 
Performance standards.
(a) 
Wind velocities. All components of solar energy facilities (major/commercial) shall be designed to withstand a ground-level wind velocity of at least 90 miles per hour, unless a higher standard for wind-loading is specified in the New Jersey Uniform Construction Code.
(b) 
Hazardous materials. The use of lead-acid batteries shall not be permitted in major solar energy systems (minor) and facilities, except for such batteries as are needed to store electricity to power emergency lights in the event of a power outage.
(c) 
Noise. The total daytime operational mechanical or aerodynamic noise, including turbine, inverter or transmission line noise from the solar energy facility shall not exceed 50 dBA, measured from the nearest property line.
(d) 
Lighting. Any facility lighting shall be kept to a minimum and shall be shielded to eliminate light spillage off the property. Light spillage shall be defined as an illumination of 0.3 footcandle (fc) or greater onto any residential property or residential zone district and 1.0 fc or greater onto any nonresidential, business or industrial property or zoning district.
(e) 
Facility standards and certification. The facility shall meet the minimum applicable standards established by the International Electrotechnical Commission (IEC), the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE), the International Organization for Standardization (ISO), Underwriters Laboratories (UL), the Solar Rating and Certification Corporation (SRCC), and any other applicable industry standards. The facility shall also meet the minimum standards outlined in the National Electrical Code (NEC), the National Electrical Safety Code (NESC) and all other applicable rules governing such facilities. The facility shall be certified by Underwriters Laboratories, Inc., the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation and/or any other regulatory authority with jurisdiction over the installation and operation of the facility.
(6) 
Safety regulations. All solar energy facilities (major/commercial) and all other solar energy systems (minor) installed on commercial, institutional or multifamily residential property in Holland Township shall comply with the following design safety and emergency response provisions:
(a) 
Individual roof-mounted solar or photovoltaic panel arrays shall not exceed 150 feet by 150 feet in area. Where more than one array of panels is being installed, eight feet of clearance shall be provided between arrays in all directions. The roof supporting such arrays shall be reinforced so as not to cause damage to the roof while maintenance is performed and to ensure the safety of firefighter/EMT access in the event of an emergency. If skylights or roof hatches are also installed in the roof, each skylight or roof hatch shall have a minimum of four feet of clearance in all directions from an array.
(b) 
Nonresidential roof installations shall provide ventilation access points in the roof, which shall measure not less than eight feet by four feet, placed at intervals on the roof not more than 20 feet distant from one another, and access to the building shall be provided by means of a reinforced access drive located no further than 50 feet from each exterior door to the building, unless it can be demonstrated to the satisfaction of Holland Township Emergency Management that a greater distance is sufficient to allow emergency vehicle access by fire and rescue personnel and also meet applicable fire safety code requirements.
(c) 
Ground-mounted facilities shall provide emergency vehicle access to all components and solar energy facilities (major/commercial) shall provide access roads throughout the installation. Each access road shall be not less than 20 feet in width and shall be reinforced or suitably improved to support the weight of typical emergency service apparatus. Turning areas shall be provided and each curve or turn in the access road shall provide an adequate turning radius for maneuvering emergency service apparatus (in accordance with the Holland Township Volunteer Fire Company official driveway plan).
(d) 
An exterior electrical disconnect/emergency shutoff that will isolate the system shall be provided, which shall be plainly marked with a reflective identification placard. The location of the disconnect/emergency shutoff shall be as recommended by Holland Township Emergency Management and the Holland Township Volunteer Fire Company.
(e) 
Each site containing such a facility shall conspicuously post a sign at the driveway entrance to the site indicating that the facility exists on the site and indicating whether the system is a roof- or ground-mounted system.
(f) 
Required security fencing and locked gates (with at least a twenty-foot opening) shall be fully erected and operational prior to the installation of a solar or photovoltaic energy facility. Ground-mounted facilities shall include at least two means of ingress and egress to the facility for emergency response.
(g) 
Knox-Boxes® shall be provided at all locked locations on site (i.e., gates, doors to buildings, etc.). All inverter sheds or other electrical equipment buildings shall be fitted with at least two exterior doors with one twenty-pound CO2 fire extinguisher located immediately inside the door.
(h) 
Material safety data sheets (MSDS) shall be submitted to emergency response providers for all component materials comprising the solar modules, panels, arrays and any other equipment which contains hazardous or flammable substances.
(i) 
An emergency response plan shall be prepared, filed and maintained with the Holland Township Emergency Management, Holland Township Volunteer Fire Company and the Milford Holland Rescue Squad. The emergency response plan shall include:
[1] 
Emergency response procedures to be followed in the event of an emergency, which may include Fire Company and First Aid and Rescue Squad training, including training prior to commencing operation of the facility.
[2] 
Evacuation procedures (from on site and from neighboring properties off site).
[3] 
Site specific information concerning the locations of panels, grid identification diagrams, the emergency shutoff/isolation switch(es), contact names and numbers for 24/7 availability of responsible personnel.
[4] 
A system of information placards, which shall be conspicuously mounted at eye level along the security fence and at locked gates as well as at the entrances to all buildings, and which shall be updated within two weeks of any changes to the information contained thereon, including contact information, and which shall include information identifying all possible hazards existing within and exit routes from the facility.
(j) 
A two-tag identification (accountability) system for anyone entering the energy facility site shall be in effect, which system shall provide for the following procedures:
[1] 
One tag shall be kept in the service vehicle indicating the name of the individual and his/her employer.
[2] 
One tag shall be placed at the point of entry to any building or, in the case of a service involving site-roaming, the tag shall be clipped to the point of entry into the site, which shall be the gate nearest to the location where the service is being performed.
(k) 
All sites shall secure a street address from the Township's 911 Coordinator, which shall be posted at the main entrance gate to the facility, and shall be of sufficient size and reflectivity so as to be easily visible from either direction on the roadway.
[1] 
Prior to the issuance of a certificate of occupancy, Holland Township emergency personnel shall be provided access to the facility to generate familiarity with the site conditions and emergency access locations.
(7) 
Decommissioning and disassembly.
(a) 
All applications for a solar energy facility (major/commercial) shall be accompanied by a decommissioning plan to be implemented upon abandonment of the use.
[1] 
"Abandonment" is defined as the facility being out of service for a continuous twelve-month period.
[2] 
Decommissioning process description.
[a] 
The decommissioning and restoration process comprises removal of aboveground structures; grading, to the extent necessary; restoration of topsoil (if needed) and seeding. The process of removing structures involves evaluating and categorizing all components and materials into categories of recondition and reuse, salvage, recycling and disposal. The project consists of numerous materials that can be recycled, including steel, aluminum, glass, copper and plastics. In the interest of increased efficiency and minimal transportation impacts, components and material may be stored on site until the bulk of similar components or materials are ready for transport. The components and material will be transported to the appropriate facilities for reconditioning, salvage, recycling, or disposal. Aboveground structures include the panels, racks, inverters, pads and any interconnection facilities located on the property. The aboveground structures and below-ground structures are collectively referred to herein as the "project components."
[b] 
Temporary erosion and sedimentation control best management practices will be used during the decommissioning phase of the project. Control features will be regularly inspected during the decommissioning phase and removed at the end of the process.
[3] 
Project component removal. Control cabinets, electronic components, and internal cables will be removed. The panels, racks and inverters will be lowered to the ground where they may be transported whole for reconditioning and reuse or disassembled/cut into more easily transportable sections for salvageable, recyclable, or disposable components.
[4] 
PV module removal. Solar photovoltaic modules used in the project are manufactured within regulatory requirements for toxicity based on toxicity characteristic leaching procedure (TCLP). The solar panels are not considered hazardous waste. The panels used in the project will contain silicon, glass, and aluminum which have value for recycling. Modules will be dismantled and packaged per manufacturer or approved recycler's specifications and shipped to an approved off-site recycler.
[5] 
Component pad removal. Pads will be excavated to a depth sufficient to remove all anchor bolts, rebar, conduits, cable, and concrete to a depth of 24 inches below grade. The remaining excavation will be filled with clear subgrade material of quality comparable to the immediate surrounding area. The subgrade material will be compacted to a density similar to surrounding subgrade material. All unexcavated areas compacted by equipment used in decommissioning shall be decompacted in a manner to adequately restore the topsoil and subgrade material to the proper density consistent and compatible with the surrounding area.
[6] 
Electric wire removal. DC wiring can be removed manually from the panels to the inverter. Underground wire in the array will be pulled and removed from the ground. Overhead cabling for the interconnection will be removed from poles. All wire will be sent to an approved recycling facility.
[7] 
Racking and fencing removal. All racking and fencing material will be broken down into manageable units and removed from the facility and sent to an approved recycler. All racking posts driven into the ground will be pulled and removed.
[8] 
Concrete slab removal. Concrete slabs used as equipment pads will be broken and removed to a depth of two feet below grade. Clean concrete will be crushed and disposed of off site.
[9] 
Access road. During decommissioning, the processed stone access roads will be stripped, exposing the geotextile beneath. The geotextile will then be removed and disposed revealing the original soil surface. The compacted soil beneath the road fill may require ripping with a subsoiler plow to loosen it before it can be returned to crop production.
[10] 
Site restoration process description. Following decommissioning activities, the subgrade material and topsoil from affected areas will be decompacted and restored to a density and depth consistent with the surrounding areas. If the subsequent use for the project site will involve agriculture, a deep till of the project site will be undertaken. The affected areas will be inspected, thoroughly cleaned, and all construction-related debris removed. Disturbed areas will be reseeded to promote revegetation of the area, unless the area is to be immediately redeveloped. In all areas restoration shall include, as reasonably required, leveling, terracing, mulching, and other necessary steps to prevent soil erosion, to ensure establishment of suitable grasses and forbs, and to control noxious weeds and pests.
[11] 
Decommissioning terms. The project shall be decommissioned within 180 days of the end of the project's operational life. Areas disturbed during the decommissioning phase will be seeded with a drought-tolerant grass seed mix appropriate for the area, unless such areas are being immediately redeveloped for other uses.
(b) 
The decommissioning plan shall contain the following provisions:
[1] 
Provisions for the removal of all components of the facility/system from the site and the full restoration of the site to its predevelopment condition insofar as is feasible; and the safe disposal of all components of the facility/system, including the recycling of all recoverable materials, consistent with prevailing best practices relating to the disposal and recycling of photovoltaic waste.
[2] 
Provisions that the Township shall notify the landowner and owner/operator of the facility of the pending determination of abandonment and order proof of the resumption of energy generation to at least 80% of the facility's capacity or removal of the facilities in accordance with the approved decommissioning plan, subject to the issuance of a demolition permit.
[3] 
A provision that within 60 days of service of the notice of abandonment, the land owner or facility operator shall apply for and obtain a demolition permit for the decommissioning in accordance with the decommissioning plan.
[4] 
Provisions that, as a condition of site plan approval and prior to the issuance of any building permits, the landowner or operator of the facility shall obtain and submit to the Township a performance bond or other agreed-upon secured funding in a form approved by the Township Attorney to ensure that the decommissioning plan provides financial assurance that there will be sufficient funds available for decommissioning and site restoration. Such bond shall be in an amount, as determined in detail by the Township Engineer, which shall be adequate to cover the estimated cost of such removal. The form of such bond shall be approved by the Township Attorney. The bond shall not be subject to revocation or reduction prior to the completion of the work covered by the demolition permit and decommissioning plan and the full restoration of the site as required by the decommissioning plan. The decommissioning bond shall be reevaluated to reflect inflation every five years from the start of operations which shall be defined as the date of issuance of the certificate of occupancy for the generation of power. Such reevaluation shall be submitted no fewer than 30 days' prior to the end of the five-year period by the owner/operator and/or landowner to the Township Attorney and Township Engineer for review and approval. If the anticipated cost of decommissioning increases by 10% or more, the property owner or operator of the facility shall deposit additional funds into an escrow account or revise the bond or other surety to reflect the increased amount.
[5] 
Measures to provide for the protection of public health and safety and for protection of the environment and natural resources during both the removal and site restoration stages, as well as the schedule for the completion of all site restoration work in accordance with the decommissioning plan.
[6] 
Provisions that, if the performance bond described above, plus any supplemental funding that may have been provided by the owner/operator, is insufficient to fully implement the decommissioning plan or if the owner/operator fails to fully satisfy the obligations described herein, then the landowner shall be held responsible for any and all costs associated with the decommissioning to the extent that such costs are not covered by the performance bond and any supplementary funds provided by the owner/operator, if applicable.
[7] 
Provisions detailing the anticipated life of the project.
[8] 
The estimated cost of decommissioning in current dollars and an explanation of how the cost was determined, which shall be prepared by a professional engineer or contractor who has expertise in the removal of solar facilities. Salvage value shall not be considered when determining the estimated decommissioning cost.
(c) 
If said decommissioning has not been completed within the requisite 180-day period following issuance of the demolition permit, then the Township's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 calendar days of the receipt of said notice. If the decommissioning has not been completed within 30 calendar days of the receipt of said notice, the Township may collect the bond or other surety and undertake the decommissioning. The Township may charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorney's fees. Nothing herein shall prevent the Township from taking appropriate legal action to compel the decommissioning. All costs incurred by the Township shall be billed to the landowner and if not paid within 60 calendar days of billing, shall become a lien against the property.
C. 
Small wind energy system as a conditional accessory use to an industrial use in the IND District, subject to meeting all of the following requirements:
(1) 
A wind tower for a small wind energy system shall be set back from all property lines a distance of at least 150% of the total height of the wind energy system and shall be set back from any buildings and overhead utility easements located on the property a distance equal to 110% of the total height of the small wind energy system.
(2) 
A wind tower shall have a maximum tower height no greater than 120 feet. To the extent that this height limit precludes the effective use of a small wind energy system on a particular site, such system shall not be a permitted use.
(3) 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The wind tower shall be designed and installed so that the first eight feet above the ground have no step bolts, no ladder and no other means for climbing the tower.
(4) 
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(5) 
The wind generator and the wind tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer.
(6) 
There shall be no signs posted on a small wind generator system or any associated building that will be visible from any public road except for the manufacturer's or installer's identification, appropriate warning signs or owner identification.
(7) 
Small wind energy systems that connect to the public electric utility system shall comply with New Jersey's Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9.[2]
[2]
Editor's Note: See N.J.A.C. 14:8-4.1 et seq.
(8) 
Meteorological or met towers shall be permitted under the same standards, permit requirements, restoration requirements and permit procedures as small wind energy systems.
(9) 
For wind speeds in the range of zero mph to 25 mph, the noise level generated by any small wind energy system, measured at the nearest property line, shall not exceed 55 dB(A) at night nor 65 dB(A) during the day, per applicable state noise regulations.
(10) 
Site plan approval and conditional use approval shall be required for the small wind energy system.
(11) 
The application for conditional use/site plan approval shall include all of the following information:
(a) 
A survey plan indicating property lines and physical dimensions of the property.
(b) 
A survey plan indicating location, dimensions and existing structures on the property.
(c) 
A plan indicating the proposed location and dimensions of the proposed wind tower.
(d) 
A plan indicating the locations of any overhead utility easements on the property.
(e) 
Proposed small wind energy system specifications, including manufacturer and model, rotor diameter, system height, tower height and tower type (freestanding or guyed).
(12) 
A small wind energy system that has been out of service for a continuous twelve-month period shall be deemed to have been abandoned and shall be completely removed from the premises within three months of such abandonment; areas from which small wind energy systems have been removed shall be restored to a pre-installation state. The owner of the land occupied by the small wind energy system shall be responsible for such removal.
(a) 
The Zoning Officer may issue a notice of abandonment to the landowner of a small wind energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.
(b) 
The landowner shall have the right to respond to the notice of abandonment within 30 days of receipt.
(c) 
If the owner provides information to the Zoning Officer within the requisite thirty-day response period that demonstrates that the small wind energy system has not been abandoned, the Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(d) 
If the Zoning Officer determines that the small wind energy system has been abandoned, the landowner of the small wind energy system shall remove the wind generator and the wind tower and all other equipment associated with the small wind energy system, at the landowner's sole expense, within three months after receipt of the notice of abandonment, and the area of the site that contained such equipment shall be restored to a preinstallation state.
(e) 
If the owner fails to remove the wind generator and wind tower and other equipment in the time allowed under Subsection A(12)(d) above, the municipality may pursue legal action to have such equipment removed at the landowner's expense.
(13) 
Termination of the principal industrial use of the lot shall terminate the conditional use approval and shall require immediate removal of the small wind energy system as provided in Subsection A(12) above.
No building or part of a building shall be closer than 200 feet to the nearest street center line.
A. 
Front, side and rear yards shall be provided on each lot in accordance with the following requirements, and such yards shall not include or be used for parking, loading or storage structures or facilities:
(1) 
Front yard:
(a) 
All lot lines fronting a street shall be considered front lot lines.
(b) 
Front yards shall be at least 125 feet in depth.
(2) 
Side yard and rear yard:
(a) 
All lot lines adjacent to other lots within this district only shall be considered side lot lines.
(b) 
All lot lines adjacent to other districts shall be considered rear lot lines.
(c) 
Side yards shall be at least 25 feet in depth except where the owner(s) of the adjacent lot agree to waive this requirement, in which case no side yard is required. Satisfactory evidence of such waiver shall be furnished the Zoning Officer or the Planning Board if subdivision approval is involved with respect to an affected lot.
(d) 
Minimum rear yards shall be as follows:
[1] 
Adjacent to residential districts: 150 feet.
[2] 
Adjacent to commercial districts: 75 feet.
[3] 
Adjacent to industrial districts: 25 feet.
B. 
Floodways. All land designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map as within a special flood hazard area shall be considered a yard. All land designated as within such special flood hazard area may not be used for the erection of permanent or temporary structures.
A. 
Height. No structure shall exceed 45 feet in height.
B. 
Coverage. Not more than 25% of the lot area shall be covered by structures. Not more than 55% of the lot area shall be covered by structures and impervious surfaces.
[Amended 3-1-2022 by Ord. No. 2022-03]
C. 
A floor area ratio of 0.35 or 35 square feet of floor area for each 100 square feet of lot area shall be the aggregate permitted maximum floor area of all structures on the lot.
In order to facilitate efficient traffic circulation within the site and to prevent traffic congestion, access and traffic control shall be provided for each lot in the following manner:
A. 
Not more than two accessways per lot shall be permitted, and all accessways shall be from and to a county road.
[Amended 12-19-1995 by Ord. No. 1995-11]
B. 
Each accessway shall be not less than 15 feet in width for one-way traffic and not less than 20 feet nor greater than 35 feet in width for two-way traffic.
C. 
All accessways shall be paved with an asphaltic or concrete material so as to be hard surfaced, dust free, well drained and safe for ingress and egress of motor vehicles.
D. 
Curb cuts shall not exceed 50 feet in width.
E. 
No accessway shall be closer than 75 feet to another accessway or 25 feet to a side lot line or closer than 250 feet to any intersection of street lines.
F. 
Speed-change lanes (acceleration and deceleration) may be required by the Planning Board when, in the judgment of the Township Engineer, sufficient vehicular volume is generated by the industry and traffic flow volume and patterns on the primary access street justify such requirement. Required speed-change lanes shall be designed in accordance with A Policy on Geometric Design of Rural Highways, Chapter VII, pages 341 through 358, copyright 1966, published by American Association of State Highway Officials, General Offices, 917 National Press Building, Washington, D.C., and be subject to approval of the Township Engineer.
G. 
Access to the street shall be physically separated by a curb, planting strip or other suitable barrier against unchanneled traffic.
H. 
All two-way accessways shall have appropriate lane markings and directional indicators.
I. 
Lighting facilities shall be installed to light accessways adequately and shall be installed so as to reflect light downward and away from any adjoining lots and from any street.
J. 
Traffic-directing signs may be required by the Planning Board where large traffic volumes would create congestions and unsafe conditions.
K. 
The use of common accessways by two or more permitted uses shall be encouraged to reduce the number and closeness of access points along the highway and to encourage the frontage of structures upon drives and roadways other than public streets. Requirements specified in this section of this Part 1 shall be met by all common accessways.
Off-street parking for each lot shall be provided in accordance with the following requirements:
A. 
A minimum of one off-street parking space shall be provided for every two employees or combined employment of the two largest successive shifts, whichever is greater.
B. 
Additional off-street parking spaces shall be provided for visitors, equal in number to 5% of the major shift employment.
C. 
One additional off-street parking space shall be provided for every company car, truck, tractor and trailer normally stored at the plant site, and such space shall be reserved for this use.
D. 
All accessory driveways shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Township Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public streets.
E. 
Parking areas shall be effectively landscaped from lot lines and streets. Landscaped walkways shall be utilized to transport people from parking area to plant area.
F. 
Employee traffic shall be separated from truck lanes and loading areas.
G. 
Off-street parking spaces shall be a minimum of 10 feet wide by 20 feet deep.
Off-street loading shall be provided on each lot in accordance with the following requirements:
A. 
All off-street loading shall take place on the lot on which the principal use is located and shall not occupy the required off-street parking space.
B. 
For each structure containing at least 50,000 square feet of gross floor area, a minimum of one off-street loading space shall be required for the first 50,000 square feet of such floor area, and one additional space shall be required for each additional 50,000 square feet of such floor area or fraction thereof.
C. 
The minimum dimensions of an off-street loading space shall be 14 feet in width, 60 feet in depth and 16 feet in overhead clearance.
D. 
Truck loading facilities shall be designed so that trucks will not back in or out of a street. No curb cut will be permitted in the street where it parallels the off-street loading space.
Signs shall be permitted in this district under the following conditions:
A. 
No moving or flashing parts are allowed. Neon and similarly illuminated signs are specifically prohibited.
B. 
Not more than one freestanding sign shall permitted, provided that they meet the following specifications:
[Amended 3-1-2022 by Ord. No. 2022-03]
(1) 
All such signs shall be set back a minimum distance of 20 feet from any street line and shall not be located as to interfere with the view of adjacent lots from the street.
(2) 
The total height of any such sign shall not exceed 15 feet.
(3) 
The lower edge of any such sign shall not be less than three feet above ground level.
(4) 
The surface area of any such sign shall not exceed 40 square feet, except that a single sign for several uses within the district shall be encouraged, in which case the sign may not exceed 20 square feet per user or 80 square feet maximum, whichever is less.
(5) 
Size restrictions for freestanding signs shall be based upon measurements of one side only. Both sides may be used.
C. 
Not more than two attached signs shall be permitted per establishment, provided that they meet the following specifications:
[Amended 3-1-2022 by Ord. No. 2022-03]
(1) 
Signs shall be part of or attached to the principal building and are limited to one per facade.
(2) 
Signs shall be permanently attached to or constructed with said building and shall not extend more than six inches from the facade of the building.
(3) 
The height of letters on such sign shall not exceed four feet.
(4) 
No such sign shall extend above the roofline of the building to which it is attached.
(5) 
The total advertising space of each permitted sign shall not exceed 100 square feet. However, when an attached sign is appended to a building facade that exceeds 100 linear feet the advertising space may be increased to a maximum of 200 square feet.
D. 
Illumination of signs shall be in such a manner as to cause no glare or irritating light source to shine on a neighboring lot or street.
E. 
Signs used to warn the public against hunting, fishing or trespassing are permitted, provided that no such sign exceeds two square feet in area.
F. 
Signs will be permitted only on the same lot on which industry referred to is located or on which the products referred to are manufactured, except as permitted in Subsection B(4).
G. 
Directional signs shall be permitted for traffic control and safety purposes. Directional signs may be illuminated and shall be limited to five square feet in area and six feet in height. The permitted number of directional signs is at the discretion of the Board.
[Added 3-1-2022 by Ord. No. 2022-03]
The following regulations shall apply to all lots having a use described in § 100-21A through J of this Part 1 as a principal use:
A. 
Landscaping. All areas not devoted to buildings or structures, parking, accessways, barriers, screening, loading or drives, streets or pedestrian walks shall be landscaped with grass, trees or shrubs.
B. 
Screening. Lots in this district which adjoin or abut another district or a street shall be permanently screened by a wall, fence, evergreen hedge or other suitable planting of a minimum height of four feet when necessary to shield adjacent districts or roads from parking lot illuminations, headlights, fumes, blowing papers, noise and dust, storage areas and to reduce the visual encroachment of industrial architecture, signs and activity on residential privacy and neighborhood character. There shall be no signs or advertising permitted on the facades of screening visible from adjoining residential districts.
C. 
Floodplains. A minimum of 15% of all special flood hazard areas designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map shall be planted with a minimum coverage of 15% trees or shrubs designed to prevent erosion in the event of flooding. Remaining areas within floodplains shall be planted with grass or other suitable ground cover or left in a state of natural vegetation.
In connection with any use permitted in § 100-21A through J of this Part 1:
A. 
Smoke. There shall be no emission of smoke which would be prohibited by Chapter IV of the New Jersey Air Pollution Control Code, promulgated pursuant to the Authority of the Air Pollution Control Act (1954), as amended (N.J.S.A. 26:2C).
B. 
Control of dust, dirt and fly ash. Dust and dirt shall be controlled to the extent that no emission shall be made which can cause or causes any damage to human health, animals or vegetation or other forms of property or which can cause or causes any excessive soiling at any point beyond the lot on which the use creating the emission is located. There shall be no emission of fly ash which is prohibited by Chapter V of the New Jersey Air Pollution Control Code, promulgated pursuant to the authority of the Air Pollution Control Act (1954), as amended (N.J.S.A. 26:2C).
C. 
Odor control. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive beyond the lot on which the use creating the emission is located. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide to determining quantities of odors which are so offensive, Table III in Chapter V, of the Air Pollution Abatement, Manual for Determination of Toxic Pollutants, a publication, copyright 1951, by Manufacturing Chemists Association, Inc., Washington, D.C.
D. 
Glare and heat. No operation shall be carried on which produces heat or glare beyond the lot line on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on streets and neighboring lots.
E. 
Noxious gases. No noxious, toxic or corrosive fumes or gases shall be emitted, and reference shall be made to Table I, Industrial Hygienics Standards, Maximum Allowable Concentration, in Chapter V of said Air Pollution Abatement Manual for Determination of Toxic Pollutants, as a guide in connection herewith.
F. 
Liquid and solid wastes. There shall be no discharge at any point of treated or untreated sewage or industrial waste or other substance into any stream, lake, reservoir or into the ground which may contaminate human or animal water supplies or otherwise endanger human health or welfare. All methods of sewage and industrial waste treatment and disposal shall be approved by the New Jersey State Department of Health and Senior Services. No effluent shall contain any acids, ores, dust, toxic metals, corrosive or other toxic substances which may cause odors, discolor, poison or otherwise pollute streams and waterways in any way. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
G. 
Noise control. At the specified points of measurement, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Table I, hereinafter set forth, in any octave band of frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conforms to specifications published by the American Standards Association.
Table I
Maximum Permissible Sound Pressure Levels at Specified Points of Measurement for Noise Radiated Continuously From a Facility Between the Hours of 10:00 p.m. and 7:00 a.m.
Frequency Band
(cycles per second)
Maximum Permitted Sound Pressure Levels
(decibels)
20 to 75
69
75 to 150
54
150 to 300
47
300 to 600
41
600 to 1,200
38
1,200 to 2,400
38
2,400 to 4,800
38
Above 4,800
38
NOTE:
If the noise is not smooth and continuous and is not radiated between 10:00 p.m. and 7:00 a.m. one or more of the corrections in Table II, hereinafter set forth, shall be added to or subtracted from each of the decibel levels given above in Table I.
Table II
Type of Operation or Character
of Noise
Corrections
(decibels)
Daytime operation only
+5
Noise source operates less than 20% of any 1-hour period
+5
Noise source operates less than 5% of any 1-hour period
+10
Noise source operates less than 1% of any 1-hour period
+15
Noise of impulsive character
-5
Noise of periodic character
-5
NOTE:
Measurements shall be made at a point 50 feet distant from the source or at the lot line, whichever is closer.
H. 
Fire and explosion hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment and devices furnished by the owner.
I. 
Storage and waste disposal. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground, with the exception of tanks or drains of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel.
J. 
Vibration. No industrial activity shall produce vibration which shall cause a displacement exceeding 0.003 of one inch as measured at the lot line.
The following regulations shall apply to all lots having a use described in § 100-21A through J of this Part 1 as a principal use:
A. 
Sanitary sewer. Every sanitary sewage disposal system on each lot shall be connected to and discharge its sanitary sewage into an adequate public sewage system approved by the Township Engineer as well as the New Jersey State Department of Environmental Protection.
B. 
Storm sewer. Every lot shall contain a stormwater system designed to prevent stormwater runoff to adjacent lots and streets at rates greater than rates prior to construction. Additional runoff may be directed to adjacent streams upon approval of runoff calculations and designs acceptable to the Township Engineer.
(1) 
Retention ponds may be approved by the Township Engineer, provided that such ponds shall be completely enclosed by fencing at least four feet high with maximum openings of 15 square inches and not more than two operable openings which are to be kept locked when not in use. Such fencing is to be screened by planting when visible from streets or adjacent residential areas.
(2) 
In the event that a storm sewer line shall cross a sanitary sewer line, the storm sewer line shall be above.
C. 
Water. The owner or developer of each tract shall provide evidence of sources of adequate water which shall be submitted for approval to the Township Engineer prior to final site plan approval.
Prior to using any land, or to erecting, altering or occupying any structure for any use permitted in § 100-21A through J of this Part 1, site plan approval pursuant to Chapter 100, Part 2, Development Regulations, shall be obtained.
A. 
Site plan approval shall be applied for in the manner described in Chapter 100, Part 2, Development Regulations, and in this Part 1.
B. 
Following site plan approval as above described, an industrial use permit shall be issued by the Zoning Officer, provided that all improvements required by such site plan approval have been installed or constructed and the building, structure or use is ready for occupancy.
C. 
Each site plan submitted shall be at a scale of one inch equals 10, 20, 30, 40 or 50 feet. All plans shall be certified by a licensed architect or engineer, with accurate lot lines certified by a New Jersey licensed land surveyor, submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches), and including the following data (If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with references on each sheet to the adjoining sheets.): boundaries of the lot; north arrow; data; scale; zone district(s) in which the lots are located; existing and proposed streets and street names; existing and proposed contour lines at two foot intervals inside the lot and within 50 feet of the lot boundaries; title of plans; existing and proposed streams and easements; flood hazard areas; building coverage in square feet and percent of lot; total number of parking spaces; all dimensions needed to confirm conformity to this Part 1, such as but not limited to buildings, lot lines, parking spaces, setbacks and yards; a key map giving the general location of the parcel to the remainder of the municipality; and the site in relation to all remaining lands in the applicant's ownership.
[Amended 4-4-1984 by Ord. No. 84-2]
D. 
Each site plan submitted to the Planning Board for approval shall have the following information shown thereon or be annexed thereto:
[Amended 4-4-1984 by Ord. No. 84-2]
(1) 
Size, height, location and arrangement of all existing and proposed buildings, roads, buildings or other significant physical features within 50 feet of the lot, structures and signs in accordance with the requirements of this Part 1, including an architect's rendering of each building or typical building and sign showing front, side and rear elevations and the proposed use of all structures.
(2) 
Proposed circulation plans, including accessways, curbs, aisles and lanes, easements, fire lanes, driveways, parking spaces, loading areas, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site in accordance with applicable requirements of this Part 1, including the location of lights, lighting standards and signs and driveways within the tract and within 50 feet of the lot. Plans shall be accompanied by typical cross sections of streets, aisles, lanes and driveways which shall adhere to applicable Township requirements.
(3) 
Existing and proposed wooded areas, buffer areas and landscaping shall be shown on a plan. The landscaping plan, including seeded and/or sodded areas, grading, retaining walls, fencing, signs, recreation areas, shrubbery, trees and buffer areas, shall be in accordance with applicable requirements of this Part 1. These plans shall show the location and type of any man-made improvement and the location, species and caliper of plant material for all planted or landscaped areas.
(4) 
The proposed location of all drainage, sewage and water facilities with proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties. The method of sewage and waste disposal shall be disclosed. If an on-site septic system is proposed, a septic system design conforming to applicable state, county and Township standards shall be provided. Proposed lighting facilities shall be included showing the direction and reflection of the lighting.
(5) 
The proposed phasing of all of the above, including initial construction plans and proposed ultimate growth plan with anticipated completion dates for all phases.
(6) 
A written description of the proposed operations of the building(s), including the number of employees or members; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic, emission of noise, glare and air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design. Where the applicant cannot furnish the information required herein because of nondetermination of use, site plan approval may be conditionally granted subject to further review and approval of the applicant's final plans.
E. 
Each site plan submitted to the Planning Board for approval shall be accompanied by an environmental impact statement which shall address the following issues and items:
(1) 
The anticipated impact of the proposed project on the environment in terms of traffic, population, noise, water supply, water runoff, sewage, electrical demand and aesthetics.
(2) 
The compatibility of the proposed development with the development goals as expressed in the Township Master Plan.
(3) 
The commitment of natural resources such as water, gas and electrical as a result of the proposed development. Signed statements from the managers of the various utilities affected must be included stipulating that the proposed development will:
(a) 
Have no effect on the current services supplied to the community.
(b) 
Result in no undue cost burden to the community for expansion of the necessary service facilities for the new construction.
(4) 
If the proposed development requires the clearing of a forested area, the damage to select stands of native trees and the serious effect of natural wildlife in the area.
(5) 
All changes in natural water runoff and the ultimate disposal of the stormwaters collected within the proposed site described in detail. The environmental effects of the runoff and the location of the stormwater discharge points must be discussed to ensure that no substantial increases in flooding will occur as a result of the development.
(6) 
All changes in air pollution, noise levels and other environmental quality indices which may result from the proposed development must be specifically discussed in the report.
F. 
Prior to the issuance of an industrial use permit, proof must be submitted to the Planning Board by the applicant that the performance standards contained in § 100-33 of this Part 1 will be complied with. If there is any reasonable doubt that the intended use will conform to any of said performance standards, the Planning Board shall request from the applicant a fee, as established in Chapter 83, Fees, for each section in doubt, which will be used to defray the cost of a special report to the Planning Board by an expert consultant qualified to advise on conformance to the required standard, and any portion of such fee not necessary to defray such cost shall be returned to the applicant. Said report shall be made within 30 days of the request and copies of it made available to the applicant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
The Planning Board shall review the proposal, determine whether or not the applicable standards provided by this Part 1 have been observed, note objections to such parts of the plans as do not meet the standards, make corrections and recommendations for desired changes to affect compliance with this Part 1 and be satisfied that the site plan represents the most desirable alternative for development of the site in compliance with this Part 1 and, when satisfied that the site plan complies with the requirements of this Part 1, shall approve the site plan. No industrial use permit shall issue until the Planning Board has determined that the proposal, including the site plan, complies with the requirements of this Part 1.
H. 
If, with respect to the development requiring site plan approval, water is to be supplied (either through a private, semiprivate or public system) to the site from a well or wells, the site plan submitted to the Planning Board for approval shall be accompanied by the following and approved only on compliance with the following:
[Amended 12-30-1981 by Ord. No. 81-23]
(1) 
Water supply budget.
(a) 
Preparation by the applicant and submission to and review by the Planning Board of a water supply budget based upon the following design assumptions:
[1] 
Demand for water for industrial and commercial development shall be calculated from Appendix A annexed hereto.[2]
[2]
Editor's Note: Appendix A is located at the end of this chapter.
[2] 
Demand for water residential development shall be calculated from Appendix B annexed hereto.[3]
[3]
Editor's Note: Appendix B is located at the end of this chapter.
[3] 
The safe sustained yield of the aquifer in which is located the well(s) providing water for the development shall be calculated from Appendix C annexed hereto.[4]
[4]
Editor's Note: Appendix C is located at the end of this chapter.
(b) 
The above-mentioned budget shall show the total water demand served by the water supply system providing water to the proposed development, including any water demand generated by already existing development served by such water supply system. The budget shall also show that applicant owns or has obtained the right to withdraw groundwater from, or a release as to withdrawal of groundwater from, an area of land which is sufficient in acreage to provide a water supply necessary to meet the total water demand served by said water supply system and based on such supply withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of applicable aquifers calculated from Appendix C.[5] The area of land referred to shall encompass said wells and as to each such well shall be contiguous or separated only by streets or roads.
[5]
Editor's Note: Appendix C is located at the end of this chapter.
(2) 
As to any use of any new well in connection with furnishing such water supply and which, according to such approved water supply budget, would require a water supply capacity exceeding 25 gallons per minute, pump-test data shall be supplied for such well. Such data shall arise from an aquifer pump test of such well as follows:
(a) 
The test shall be of at least 12 hours' duration and until either a steady state of drawdown is reached or a point as nearly as practicable to such state is reached.
(b) 
The discharge area from such test well shall be suitably distant from the pumping of observation wells.
(c) 
As to the pumping or test well, there shall be furnished measurement of the static water level, drawdowns levels, recovery levels, discharge rate and discharges volume, as well as one set of chemical samples taken during the test.
(d) 
An observation well to the test well, or observation wells if more than one is appropriate to furnish adequate test results, shall be utilized. As to such observation well(s), there shall be furnished measurement of static, drawdown and recovery water levels. Such observation well(s) shall be in hydrologic continuity with the test well and a suitable distance (approximately 0.5 to one and 1.5 of the depth of the test well) from it. Notification shall be given by the applicant to the Township Engineer at least 48 hours prior to any time when it is proposed to obtain measurements from such observation well(s), and such Engineer shall be permitted, if he desires to do so, to observe the operations during which the measurements are taken.
(e) 
Data from the pump test shall be furnished using the techniques set forth in Appendix D annexed hereto[6] and on forms approved by the Planning Board.
[6]
Editor's Note: Appendix D is located at the end of this chapter.
(3) 
Substantiation and determination by the Planning Board that the use of the proposed new or expanded well for the development will not have a significant adverse effect on other existing water supplies. A depletion of more than 50% of the original available drawdown (as revealed by original well completion test data or other such source) of such existing wells arising during the operation of the proposed new or expanded well shall be deemed a significant adverse effect as referred to above.
(4) 
A description disclosing the identity of the owner and the location of the involved well, and a description of the involved pumping apparatus and distribution system.
(5) 
Use of wells.
(a) 
As to any development involving the use of a well or wells in connection with furnishing such water supply and which, according to such approved water supply budget, would required a capacity of such water supply in excess of 25 gallons per minute, the applicant shall be permitted, upon submission of pump-test data for the involved well(s) as is required above, as well as any additional data which may reasonably be required by the Planning Board, to attempt to establish to the satisfaction of the Planning Board that:
[1] 
With the water supply system involved withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of the applicable aquifer (such yield being an amount which will not, considering climatic abnormalities such as drought, on a sustained basis exceed the available groundwater recharge of the aquifer).
[2] 
In the particular instance involved, a smaller area of land than that which would be required by a calculation made according to Subsection H(1) above is sufficient to provide a water supply necessary to meet the total water supply demand served by said water supply system.
(b) 
The Planning Board may consider in reaching its decision competent evidence supplied by any consultant retained by the Board, as well as such evidence supplied by the applicant and other interested parties. The Planning Board shall approve such smaller land area only if the validity of using such smaller land area, rather than that required by a calculation under Subsection H(1), is established by a preponderance of the substantial credible evidence.
I. 
If, with respect to the development requiring site plan approval, water is to be supplied to the site from a well which is an already existing well serving as a water supply for a public water supply system, the site plan submitted to the Planning Board or Board of Adjustment, as the case may be, for approval shall be accompanied by a description identifying the owner and location of the water supply system, the location of the existing distribution point to which the proposed development would be connected and documentary proof that the water supply facility has available excess capacity in terms of its allowable diversion and equipment to supply the proposed development and is willing to do so.
[Amended 12-30-1981 by Ord. No. 81-23]