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.
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]
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]
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.
(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.
[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.
(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.
Each use shall have a minimum lot area of four
acres.
All lots shall have a minimum lot frontage of
80 feet and a minimum lot width of 200 feet.
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:
(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.
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.
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.
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:
(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]
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)
(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.
(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).
(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]
