Township of Morris, NJ Article V Other Supplementary Regulations [1]

[1] Editor's Note: The title of Art. V was amended 8-20-2008 by Ord. No. 22-08.

§ 95-34.1 Buffer requirements. [1]

[Added 7-21-2010 by Ord. No. 8-10]

A. When buffer required. All uses, other than commercial farms and single-family detached dwellings when used exclusively for residential purposes, which shall abut a single-family residential zone or use shall be required to install, plant and maintain a landscaped and planted area (referred to herein as a "buffer") in accordance with the provisions of this section. Commercial farms shall maintain buffers as required by § 95-34.3. As used herein, "single-family residential zone" shall mean each of the following zones: RA-130, RA-87, RA-35, RA-25, RA-15, RA-11 and RA-7.

[Amended 12-14-2011 by Ord. No. 37-11[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Restrictions within buffers.

(1) Except as provided in Subsection B(7) below, no building, no principal or accessory structure, no driveway, no off-street parking or loading area and no unenclosed recreational facility shall be permitted within a required buffer.

(2) Buffers shall be maintained in their natural state when wooded, and, when natural vegetation therein is sparse, the reviewing board shall require the planting of additional trees and/or shrubs and/or the installation of fencing within the buffer in order to screen effectively the single-family residential zone or use from the abutting use which triggers the buffer requirement, and its activities.

(3) Underground utility lines, and easements for such lines, shall be permitted to traverse a buffer, provided that no other practicable location for such utility lines and/or easements exists and the presence of the underground utility lines and/or easements within the buffer will not prevent or unduly impair the installation and/or maintenance of such vegetation and/or fencing as is required in order to provide effective screening in conformance with Subsection B(2) above.

(4) Except in the OS-GU Zone, all buffers located in a side yard shall have a minimum depth equal to 10% of the minimum lot width required in the zone in which the buffer is located. All buffers located in a rear yard shall have a minimum depth equal to 10% of the minimum lot depth required in the zone in which the buffer is located. Notwithstanding anything to the contrary above, no buffer need be greater than 75 feet in depth.

(5) In the OS-GU Zone, buffers shall have a minimum depth equal to 10% of the lot width or depth, whichever is greater, of the lot proposed for development; provided, however, that no buffer in the OS-GU Zone need be greater than 75 feet.

(6) The ground area occupied by the buffer shall be included as part of the lot containing the buffer for the purpose of computing lot area, width and depth, building coverage, impervious coverage, setbacks and floor area ratio.

(7) Notwithstanding the restrictions of Subsection B(1) above, the following uses and/or structures shall be permitted within a required buffer, so long as they are no closer than 50 feet to any single-family residential zone or use:

(a) Unenclosed recreational facilities which create minimal or no net increase in impervious coverage. The determination whether any increase in impervious coverage is "minimal" shall be made in the reasonable judgment of the Township Engineer or the reviewing board, whichever shall have authority to act on the matter under review. Examples of such facilities include golf courses and playing fields for soccer, football, baseball, lacrosse and/or volleyball.

(b) Retaining walls not exceeding four feet in height.

[1] Editor's Note: Original § 95-34.1, Community residences and shelters, of the 1969 Code, added 9-12-1984 by Ord. No. 32-84, was repealed 12-19-2001 by Ord. No. 27-01.

§ 95-34.2 PRC Planned Retirement Community Zone requirements.

[Added 9-23-1988 by Ord. No. 13-98; amended 12-7-2005 by Ord. No. 32-05; 9-20-2006 by Ord. No. 17-06; 6-17-2009 by Ord. No. 9-09]

A. Permitted uses; purpose; definitions.

(1) The following uses as defined in this subsection shall be permitted in the PRC Planned Retirement Community Zone. The purpose of the PRC Zone is to provide a broad range of housing options for elderly persons and, in certain cases, persons of all ages, including:

(a) Housing for the elderly with associated health care services;

(b) Small-scale age-restricted housing communities; and

(c) Non-age-restricted townhouses and non-age-restricted single-family detached dwellings.

(2) As used in this section, the following terms shall have the meanings indicated:

AGE-RESTRICTED HOUSING

Independent living attached townhouse units or single-family detached houses developed for the use and occupancy of persons 55 years of age or older so as to qualify for "housing for older persons" within the meaning of the Fair Housing Act amendments of 1998 and any amendments thereto, including but not limited to the Housing for Older Persons Act of 1995. Subject to these federal regulations, the following individuals who are age 55 may reside in an age-restricted housing unit:

(a) The spouse of (or other person having an equivalent relationship with) a permanent resident who is age 55 or older.

(b) The surviving spouse of (or other surviving person having an equivalent relationship with) a decedent who at the time of death was age 55 or over and was a permanent resident of the age-restricted housing unit now occupied by the surviving spouse or other surviving person having an equivalent permanent relationship with the decedent.

(c) A person over age 19 whose presence is necessary to provide health care or other assistance with daily living for a permanent resident who is age 55 or older.

ASSISTED-LIVING RESIDENCE OR FACILITY

A facility which is licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted-living services are available, when needed, to four or more elderly adult persons unrelated to the proprietor. Apartment units offer at a minimum one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

NON-AGE-RESTRICTED SINGLE-FAMILY DETACHED DWELLINGS or SINGLE-FAMILY DWELLINGS

Buildings designed for occupancy by not more than one family or household, without restriction on the age of any occupant, not attached to any other dwelling, with direct access from the outside, and with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the building.

NON-AGE-RESTRICTED TOWNHOUSES or TOWNHOUSES

Buildings designed for occupancy by not more than one family or household, without restriction on the age of any occupant, and attached to other similar buildings or structures by party walls extending from the foundation to the roof and providing two direct means of access from the outside, and provided with separate cooking, sleeping, and sanitary facilities and separate facilities for electric service, heating facilities, and gas service. For the purpose of this section, "townhouse" may include a building in fee simple, condominium, or cooperative ownership, or any combination thereof.

NURSING HOME/LONG-TERM CARE FACILITY

A facility or distinct part of a facility licensed by the New Jersey Department of Health to provide health care under medical supervision and continuous nursing supervision for 24 or more consecutive hours to two or more elderly residents who are not related to the members of the governing authority of the facility by marriage, blood or adoption, who do not require the degree of care or treatment which a hospital provides and who, because of their physical or mental condition, require continuous nursing care and services above the level of room and board.

RESIDENTIAL HEALTH CARE FACILITY

An inpatient facility licensed by the New Jersey Department of Health to provide shelter, personal care assistance and health maintenance and monitoring for the elderly.

B. Permitted uses in the PRC Zone shall comply, to the extent applicable, with the following development standards. Townhouses and single-family dwellings shall be governed by standards applicable to age-restricted housing.

(1) Site area: 10 acres minimum.

(2) Site density:

(a) Not more than 10 dwelling units per acre for assisted living;

(b) Not more than 15 beds per acre for nursing homes, long-term care facilities, residential care facilities, assisted-living facilities or any facility containing any combination of these uses; and

(c) Not more than two units per acre for age-restricted housing.

(3) Maximum project size:

(a) Not more than 150 beds for nursing home/long-term care facilities, residential health care facilities, and/or assisted-living residences or any combination of these uses; and

(b) Not more than three dwelling units per building for age-restricted housing.

(4) Minimum setbacks:

(a) Buildings: for nursing home/long-term care, assisted-living and residential health care facilities, 100 feet from any street or property line and 50 feet from any other building.

(b) The minimum distance between age-restricted townhouse buildings or single-family detached houses shall be as follows:

[1] Windowless wall to windowless wall: 30 feet.

[2] Window wall to windowless wall: 35 feet.

[3] Window wall to window wall:

[a] Front to front: 75 feet.

[b] Rear to rear: 50 feet.

[c] End to end: 30 feet.

(c) Parking: 50 feet from any street or property line.

(5) Minimum tract buffer: 50 feet natural and/or heavily landscaped buffer, except for driveway crossings.

(6) Building height: 35 feet maximum.

(7) Off-street parking: 0.6 space per unit for nursing home/long-term care, assisted-living and residential health care facilities (including staff and visitor requirements). The Planning Board may authorize a reduction in the required parking to not less than 0.5 space per unit. For age-restricted housing, all parking shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).

(8) Access:

(a) Frontage: 200 feet minimum on a public street or streets.

(b) Location: on a collector route or higher level of service street with no fewer than two means of paved permanent twenty-four-hour vehicular ingress/egress.

(9) Land covered by:

(a) Buildings: 15% maximum.

(b) Impervious surface: 35% maximum.

(10) Recreation area: an appropriately sized outdoor area shall be provided for residents' use and suitably equipped as needed with benches, walks and privacy/safety fence as dictated by the particular design of the facility.

(11) On-site support services for the nursing home, assisted-living and residential health care facilities may include the following:

(a) Indoor and outdoor recreation space.

(b) Physical therapy.

(c) Entertainment/exercise rooms.

(d) Library.

(e) Food preparation and dining areas.

(f) Linen and housekeeping services.

(g) Nursing services and health care facilities, nursing beds and services.

(h) Administrative offices, storage facilities and chapels. All support facilities functions and service shall be for the use and benefit of the resident users of the facilities and their guests only.

(12) Permitted accessory uses, buildings and structures for age-restricted housing shall be as follows:

(a) Recreational, social and communal facilities for the exclusive use of residents of the community and guests; the minimum setbacks from all property lines and streets shall be the same as for principal uses, buildings and structures.

(b) Active and passive outdoor recreation facilities; the minimum setbacks from all streets shall be 100 feet and from all other property lines shall be 50 feet.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(c) Off-street parking areas, which shall be screened by landscaping and set back 50 feet from all property lines and public streets.

(d) Gatehouses; the minimum setback shall be 40 feet from any public street. The maximum height shall be 14 feet, and the maximum floor area shall be 40 square feet.

(e) Individual and common mailboxes, which shall be placed in convenient locations accessible only from interior development drives and not closer to any street than a principal building.

(f) A freestanding tablet or monument sign not larger than six square feet in area and not higher than five feet identifying the development. Project signage shall be compatible in color, materials and architectural details with the principal buildings and shall be set back a minimum of 10 feet from any public street.

(13) Utilities. Connection to the public water and sewer system is required for each use permitted in the PRC Zone.

(14) Age-restricted housing is not permitted on the same lot with any other principal permitted uses.

(15) Project design. The following civic design elements, treatments, and site details shall be applied within the PRC Zone in a manner to be approved by the Planning Board at site plan review:

(a) Buildings or structures with designs of historic or architectural style evoking local history and other uses or structures which create focal points and points of interest within the district; special ground texture treatments, including the use of paving brick, concrete paver walks and crosswalks.

(b) Landscaping site details and street furniture, including traditional-style benches, decorative trash receptacles, ornamental tree grates and planters and planting beds edged with Belgian block, brick or other decorative masonry materials. Interior landscaped courtyards, atriums, and other greens and common open spaces shall be favored in the design of site plans and varied design options provided to the Planning Board for review.

(c) Street trees which are tolerant of roadway and parking lot environments, including zelkova, littleleaf linden, honey locust, green ash, London plane, red maple, bradford callery pear and redspire pear.

(d) Fences, low walls and ornamental metalwork, each not exceeding four feet in height, and hedges are permitted where appropriate to define on-site open space courtyards, parking areas, pedestrian walks and like spaces. Masonry elements may include brick, stone or stucco. All fencing shall be of traditional design and shall have decorative caps, rails and posts. Chain-link fencing shall not be used for decorative purposes and shall be used only if black vinyl-coated and approved by the Planning Board at site plan review for applications such as dumpster enclosures or security fencing.

NOTE: The provisions of this Subsection B(15) shall be deemed design standards and not zoning regulations.

(16) Lighting. The following outdoor lighting requirements shall be applicable:

(a) Site lighting and streetlighting shall be decorative fixtures and poles in traditional designs. Permissible fixture and pole details shall be obtained from the Township Engineer's office.

(b) Streets and sites shall provide adequate lighting with fixtures not exceeding an overall height of 15 feet above grade. Such fixtures shall minimize adverse visual impacts, such as glare and overhead sky glow, on adjacent properties and on any public right-of-way. Light cutoff shields shall be provided where fixtures abut a residential use and in other locations as directed by the Planning Board.

(c) Along sidewalks, walkways, courtyards, community greens and interior open spaces, decorative lampposts not exceeding 12 feet in height shall be installed in accordance with a lighting plan which shall be approved by the Planning Board with the advice of the Board Engineer.

(d) Use of minimum wattage metal halide or color-corrected sodium light sources is required. Non-color-corrected low-pressure sodium and mercury vapor light sources are prohibited.

(e) Building facade lights and yard post lighting shall be incorporated into the overall lighting plan design; all fixtures shall be of compatible design and detail with site lights and streetlights.

(f) Lighting for the permitted freestanding sign shall be by an external ground-mounted fixture or fixtures shielded from adjoining properties and any public street.

(g) Lighting levels at all property lines shall not exceed 0.1 footcandle except where driveways meet a public street.

(h) The provisions of this subsection regulating the height of lighting fixtures and maximum footcandle levels at property lines shall be deemed zoning regulations. All other provisions of this subsection shall be design standards.

§ 95-34.3 Right to farm.

[Added 12-14-2011 by Ord. No. 37-11]

A. Purpose. This section is intended to:

(1) Retain and promote farming and agricultural activities in appropriate locations within the Township of Morris;

(2) Protect the operation of commercial farms from nuisance actions where approved and recognized methods of agriculture production are followed; and

(3) Acknowledge and hereby give notice that commercial farming involves activities that may affect adjoining properties, such as, but not limited to, generation of noise, odors, fumes, dust, smoke, insects, operation of machinery, storage and disposal of manure and compost, and application by spraying or otherwise of fertilizers, soil amendments, herbicides and pesticides.

B. Where permitted. Commercial farms shall be a principal permitted use in the Agricultural Overlay Zone (AOZ).

C. Permitted activities.

(1) Commercial farms that comply with the requirements of this section shall be permitted to engage in the following activities in the AOZ:

(a) Production of agricultural and horticultural crops, trees, apiary and forest products, livestock, poultry, and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping, or included under the corresponding classification under the North American Industry Classification System;

(b) Processing and packaging the agricultural output of the commercial farm;

(c) Operation of a farm market as an accessory use to the commercial farm, including the construction of a building and parking area in conformance with the standards set forth in Subsection F below;

(d) Replenish soil nutrients and improve soil tilth;

(e) Control pests, predators and diseases of plants and animals;

(f) Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;

(g) Conduct on-site disposal of organic agricultural wastes;

(h) Conduct agriculture-related education and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm;

(i) Erection of essential agricultural buildings, including those dedicated to processing and packaging of the output of the commercial farm;

(j) Construction of fences;

(k) Pick-your-own operations;

(l) Grazing of farm animals and use of range for fowl;

(m) Use of farm equipment, including irrigation pumps, aerial and ground seeding and spraying, tractors, harvest aides, and bird control devices;

(n) The application of manure and chemical fertilizers, insecticides and herbicides;

(o) Installation of wells, ponds, and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation; and

(p) Any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

(2) The right to engage in these farming activities shall exist on weekdays, weekends, and holidays, during all hours of the day and night.

(3) To qualify to engage in the activities permitted by this section, a commercial farm and its operations must:

(a) Conform to agricultural management practices recommended by the State Agriculture Development Committee and adopted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., or the commercial farm's specific operations or practices must have been determined by the Morris County Agriculture Development Board to constitute a generally accepted agricultural operation or practice;

(b) Conform to all relevant federal and state statutes, rules and regulations;

(c) Not pose a direct threat to public health and safety; and

(d) Comply with all applicable provisions of Chapter 57, Land Development, and this chapter of the Code of the Township of Morris, including applicable stormwater management regulations in § 57-165.

D. Limitations. Notwithstanding anything to the contrary in Subsection C above, the following regulations shall apply to all commercial farms within the Township of Morris:

(1) Except as otherwise provided in the AMP for equine activities on commercial farms, no livestock and/or fowl shall be kept on a commercial farm in excess of the density limits in § 514-19C.

(2) No farmworker housing shall be permitted on a commercial farm other than one detached single-family residence for the owner of the commercial farm and his or her family.

(3) No overnight outdoor storage of farm vehicles or equipment shall be permitted within 100 feet of any property line.

(4) No tree located within 25 feet of a property boundary of a commercial farm may be cut down or otherwise removed except in conformance with § 57-162. A tree shall be deemed to be located within 25 feet of a property boundary if any part of its trunk shall be located within that area.

(5) Manure shall be stored and disposed of in conformance with § 514-20A, B and C and the AMP establishing standards for manure management. In the event of a conflict, the more restrictive standard shall govern.

(6) Fencing.

(a) No barbed wire fence shall be permitted upon or within any commercial farm.

(b) Except as permitted by the AMP establishing standards for fencing for protection against wildlife damage in N.J.A.C. 2:76-2A.9(a)(1) (permitting electric fencing for such purpose to be up to seven feet high and high-tensile woven wire fencing for such purpose to be up to 10 feet high), no fence on a commercial farm shall exceed a height of six feet above surrounding grade.

(7) Commercial farms shall maintain a twenty-five-foot setback between all property lines and all areas of the commercial farm devoted to the production, raising, or keeping of livestock, poultry, or other domesticated animals. No nondomesticated animals shall be produced, raised, or kept on a commercial farm.

(8) No silage pits or outdoor storage of silage shall be located within 100 feet of any property line.

E. Complaints against commercial farms. Any person who considers himself aggrieved by the operation of a commercial farm shall file a complaint with the Morris County Agriculture Development Board prior to instituting any action in any court.

F. Farm markets. Farm markets shall comply with the following regulations:

(1) Except as permitted by Subsection F(6) and (7) below, all farm markets shall be located within a fully enclosed building.

(2) Floor area occupied by a farm market building shall not exceed 1,000 square feet.

(3) No farm market building shall exceed one story or 20 feet in height.

(4) Farm market buildings shall comply with the following setback requirements:

(a) Setback from a public right-of-way: 60 feet.

(b) Setback from any other property line: 100 feet.

(5) A farm market shall be permitted a maximum of one business sign. The sign shall be freestanding. Maximum permitted sign area shall be 24 square feet. Only external illumination shall be permitted. Maximum permitted sign height shall be six feet. The sign must be set back at least 15 feet from any public right-of-way. Sign lighting shall be turned off within 30 minutes after the farm market closes for the day.

(6) Pick-your-own operations and Christmas tree sales (including sales where purchasers are required or permitted to cut their own tree) shall be exempt from the requirements of Subsection F(1) above.

(7) Notwithstanding the provisions of Subsection F(1) above, farm markets may provide for seasonal outdoor operations [in addition to those in Subsection E(6) above], subject to the limitations of this subsection. The area occupied by such seasonal outdoor operations shall not exceed 1,000 square feet. The outdoor operations area shall be set back at least 25 feet from a public right-of-way and 100 feet from any other property line. No additional signage shall be permitted for seasonal outdoor farm market areas. Such seasonal outdoor operations shall be limited to March 1 through November 30 of each calendar year.

(8) Hours of operation for farm markets shall be limited to 10:00 a.m. through 7:00 p.m. Farm markets may operate seven days per week.

(9) No farm market shall utilize any sound-amplification equipment for any purpose.

(10) Farm markets shall be located on a collector street unless the commercial farm lacks collector street frontage.

G. Other farm buildings. Farm buildings other than buildings devoted to farm markets ("non-farm-market buildings"), including greenhouses, shall comply with the following requirements:

(1) Floor area occupied by greenhouses used for growing agricultural or horticultural products shall not exceed, in the aggregate, 10% of the total area of the lot on which such greenhouses are located. Floor area occupied by other non-farm-market buildings shall not exceed, in the aggregate, 5% of the total area of the lot on which the buildings are located.

(2) Non-farm-market buildings shall not exceed two stories or 35 feet in height.

(3) Non-farm-market buildings shall comply with the following setback requirements:

(a) Setback from a public right-of-way: 100 feet.

(b) Setback from any other property line: 100 feet.

H. Farm market access and parking. Commercial farms shall provide access to and parking for a farm market in conformance with the requirements of this section.

(1) Vehicular access shall be provided to a farm market by a two-way driveway having a width no greater than 24 feet. The access driveway shall be set back at least 100 feet from any side property line or street intersection located on the same side of the street. The access driveway shall have a gravel surface constructed of a minimum of six inches of gravel, quarry-processed stone, or other porous stone without asphalt binder.

(2) Farm markets shall provide five on-site parking spaces for a farm market building.

(3) One on-site parking space shall be provided for each 500 square feet of outdoor area used seasonally as a farm market.

(4) Parking areas for farm markets shall have a gravel surface constructed of a minimum of six inches of gravel, quarry-processed stone, or other porous stone without asphalt binder, except that handicap parking spaces shall be paved. Parking spaces shall be delineated by landscape ties installed flush to the ground surface or other suitable methods approved by the Planning Board.

(5) Parking spaces for a farm market shall be nine feet wide by 18 feet deep.

(6) Parking spaces serving a farm market shall be served by a twenty-four-foot-wide access aisle.

(7) Parking areas serving a farm market shall be set back at least 12 feet from a street right-of-way and 100 feet from any side property line or street intersection located on the same side of the street.

(8) Lighting for farm market parking areas shall meet the following standards:

(a) Fixtures shall not exceed 15 feet in height and shall be decorative in style, with the light source recessed in the fixture head so as not to be visible from the street or surrounding properties.

(b) Parking area illumination shall be 0.5 footcandle average and 0.1 footcandle minimum.

(c) All parking area light fixtures shall be turned off by 7:30 p.m.

I. Residential buffers. When reviewing an application for construction of any building on a commercial farm, the Planning Board may require a buffer up to 25 feet deep between such building and any adjoining properties zoned or used for residential purposes. Buffer areas shall be maintained in their natural state.

J. Zoning permits. No building shall be erected, constructed, reconstructed, or altered on a commercial farm, or used as a farm market, or for any purpose other than commercial farming activities until a zoning permit has been issued by the Zoning Officer confirming that such activity complies with all applicable provisions of this chapter and Chapter 57, Land Development.

K. Site plan approval. No building permit or zoning permit shall issue for the erection, construction, reconstruction, or alteration of any building on a commercial farm, or for the use of any such building as a farm market, or for any purpose other than commercial farm activities until a site plan for such activity is first submitted to and approved by the Planning Board.

§ 95-34.4 Renewable energy systems.

[Added 10-23-2013 by Ord. No. 13-13]

A. Purpose. The purpose of this section is to:

(1) Permit and encourage renewable energy systems that will help reduce peak power demands from the electric power grid and provide residents and business owners with an alternative source of power during power outages;

(2) Locate renewable energy systems in appropriate locations in the Township which minimize potential land use conflicts and impacts associated with such systems;

(3) Provide adequate setbacks and buffers for renewable energy systems to minimize visual impacts on public roadways, open space and adjoining properties; and

(4) Protect the quality of life in residential districts by avoiding the placement of renewable energy systems in locations where they would be visible from adjacent residential uses and areas.

B. Definitions. For the purposes of this section, the following definitions shall apply, except where the context clearly indicates a different meaning:

GEOTHERMAL SYSTEM

A system that uses a heat pump to extract heat from the earth in heating mode and/or reject heat into the earth in cooling mode.

GEOTHERMAL SYSTEM, CLOSED-LOOP

A type of geothermal heating and/or cooling system that utilizes a pressurized heat exchanger consisting of pipe, a circulating pump, and a water-source heat pump in which the heat transfer fluid is not exposed to the atmosphere. The heat transfer fluid is potable or beneficial reuse water and may have approved nontoxic, biodegradable circulating fluids added.

GEOTHERMAL SYSTEM, CLOSED-LOOP HORIZONTAL

A closed-loop geothermal system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface.

GEOTHERMAL SYSTEM, CLOSED-LOOP VERTICAL

A closed-loop geothermal system where the loops or coils are installed vertically in one or more borings extending 20 feet or more below the land surface.

NET METERING

A system of metering and billing for electricity in which the public utility credits a customer-generator for energy produced by a renewable energy system for on-site consumption and which further meets the standards for such in the New Jersey Board of Public Utilities Net Metering and Interconnection Rules, N.J.A.C. 14:8-4.3.

OPEN-LOOP GEOTHERMAL SYSTEM

A type of geothermal system that utilizes a water-supply well and a water pump to deliver groundwater to a water-source heat pump. The discharge water from the water-source heat pump may be returned to the subsurface through a recharge well or infiltration bed or may be discharged into a pond, lake, or stream. A spring may also be the source of the groundwater supply.

RENEWABLE ENERGY SYSTEM

A system that engages in:

(1) The production of electric energy from solar technologies, photovoltaic technologies, or wind energy; or

(2) The production of heating and cooling by means of a geothermal system.

SMALL WIND ENERGY SYSTEM

A wind energy system that is used to generate electricity for on-site consumption and has a nameplate capacity of 100 kilowatts or less.

SOLAR ENERGY SYSTEM

A system consisting of solar photovoltaic cell(s), collector panel(s), array(s), film(s), shingle(s), or solar hot air or water collector device(s) or other solar energy device(s), including other appurtenant structures and facilities, whose primary purpose is to provide for the collection, storage, and distribution of solar, or radiant, energy received from the sun and used for heating or cooling, for water heating, and/or for generation of electricity.

SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED

A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. A solar energy system shall be considered to be building-integrated if it is designed to be permanently mounted on a building or other structure. Building-integrated solar energy systems include but are not limited to photovoltaic or hot-water solar systems that are contained within roofing materials, windows, skylights, and awnings.

SOLAR ENERGY SYSTEM, GROUND-MOUNTED

A solar energy system mounted directly on the ground. This shall not include parking canopy solar energy systems.

SOLAR ENERGY SYSTEM, PARKING CANOPY

A solar energy system mounted above an existing surface parking lot or the top level of a parking structure such that vehicles may park and/or drive beneath.

SOLAR ENERGY SYSTEM, ROOF- OR BUILDING-MOUNTED

A solar energy system mounted on roofs or buildings where the system is not an integral part of a principal building replacing or substituting for an architectural or structural component of the building but rather is a separate mechanical device. This shall not include parking canopy solar energy systems mounted on the top level of a parking structure.

WIND ENERGY SYSTEM

A wind energy conversion system consisting of a wind generator and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components necessary to fully utilize the wind generator.

WIND GENERATOR

Components of a wind energy system necessary to generate, store and/or transfer energy, including the rotor, blades and associated mechanical and electrical conversion equipment mounted on top of the wind energy system tower.

C. Solar energy systems.

(1) General requirements.

(a) Ground-mounted solar energy systems shall not be counted in the calculation of maximum impervious surface unless the area under the panels (excluding any footings) consists of an impervious material.

(b) All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(c) Transmission wires for ground-mounted solar energy systems shall be underground.

(d) The only signs permitted on a solar energy system or any associated building or structure are those depicting the manufacturer's or installer's identification, appropriate warning signs, or owner identification. No such signs shall exceed two square feet in area unless the Planning Board determines that a larger sign is necessary to facilitate maintenance and/or emergency response.

(e) No solar energy system shall be lit.

(2) Roof- or building-mounted solar energy systems.

(a) The system shall provide net metering for a principal use located on the lot.

(b) The system is permitted on a principal or accessory building.

(c) Height.

[1] On a pitched or gambrel roof, the system shall not exceed the maximum permitted building height for the zone.

[2] On a flat roof, the system may extend a maximum of four feet above the maximum height limitation and shall not be visible from ground level of adjoining streets and properties.

(d) On a pitched or gambrel roof, the solar collector panels shall be mounted parallel to the roof plane upon which they are mounted.

(e) Distance from roof plane.

[1] On a pitched or gambrel roof, panels and accessory equipment shall be as close to the roof plane as possible. No part of the system shall exceed a height of 12 inches from the adjacent roof plane.

[2] On a flat roof, no part of the system shall exceed a height of four feet from the adjacent roof plane, and it shall be screened by a parapet wall.

(f) Distance from edge of the roof on which panels are mounted.

[1] On a pitched or gambrel roof, the panels shall be installed with a three-foot setback along both sides of the roof and a six-foot setback at the ridge of the roof to allow for firesafety.

[2] On a flat roof, the panels shall be installed with a six-foot setback along sides.

(g) No such solar energy system shall cover more than 80% of the entire roof area.

(h) No such solar energy system shall be mounted to a fence.

(i) All exterior electrical equipment shall be screened from view from the public right-of-way.

(3) Building-integrated solar energy systems.

(a) The system shall provide net metering for a principal use located on the tract.

(b) All exterior electrical equipment shall be screened from view of the public right-of-way.

(4) Ground-mounted solar energy systems.

(a) The system shall provide net metering for a principal use located on the tract.

(b) The area of the system shall be measured by the aggregate of all land area on which the system is located, excluding transmission lines and subterranean elements.

(c) Such system shall not exceed 10% of the total land area of the tract on which it is located.

(d) The maximum height of the system shall be 15 feet as measured from the grade plane to the highest point of the mounting equipment and/or panels, whichever is higher.

(e) The system shall not be located in a front yard (between the front facade of the principal building and the street).

(f) The system shall conform to the minimum required side and rear yard setbacks for principal buildings in the zone in which it is located or 50 feet, whichever is greater.

(g) A ten-foot-wide buffer consisting of plantings, fencing or berming, or some combination thereof, shall be provided around such systems to provide visual screening.

(h) Such systems shall be located to minimize views from public roadways and from neighboring property to the extent practical, taking into account existing barriers, including, but not limited to, buildings, trees, hedgerows and natural topography.

(i) Such systems shall be designed to provide adequate space for access by emergency vehicles wherever necessary.

(j) Decommissioning plan.

[1] All applications for ground-mounted solar energy systems shall be accompanied by a decommissioning plan to be implemented upon abandonment in conjunction with removal of the system. Before beginning any decommissioning activities, the applicant shall submit a performance bond, in a form and amount satisfactory to the Township Attorney, which shall be based upon an estimate approved by the Township Engineer assuring the availability of adequate funds to restore the site to a useful nonhazardous condition in accordance with the decommissioning plan. The applicant shall:

[a] Deactivate, disconnect and remove all structures, unless otherwise noted herein.

[b] Restore the surface grade and soil after removal of aboveground structures and equipment, including but not limited to removal of all components of the system including footings.

[c] Replace soil, as necessary, within the top 12 inches of the soil profile, which shall be comprised of topsoil meeting the texture of loam as described in the USDA soil classification system, and the pH shall be in the range of 6.5 to seven. Tests shall be reviewed and approved by the Township.

[d] Decompact land where necessary to promote healthy plant growth prior to installation of topsoil and vegetation. Tests shall be reviewed and approved by the Township.

[e] Restore soil areas with native grasses, agricultural crops or plant species suitable to the area and which do not include any invasive species.

[f] Provide quantity takeoffs, unit prices and overall cost estimates for decommissioning in current dollars.

[g] Provide for the retention of access roads, fences, gates and buffers at the discretion of the Township.

[2] If the property owner fails to remove the system and restore the system in accordance with the decommissioning plan, the Township may perform in place of the owner. All costs incurred by the Township in connection with the same shall be a lien on the property upon which the work is performed.

(5) Parking canopy solar energy systems.

(a) The system shall provide net metering for a principal use located on the tract.

(b) The area of the system shall be measured by the aggregate of all land area on which the system is located, excluding transmission lines and subterranean elements.

(c) Solar energy systems mounted above parking lots shall be designed to provide adequate space for access by emergency vehicles wherever necessary.

(d) The maximum permitted height of the system shall be 20 feet, as measured from the grade plane to the highest point of the mounting equipment and/or panels, whichever is higher.

(e) Setbacks.

[1] The system shall conform to the minimum required side and rear yard setbacks for accessory buildings in the zone in which it is located.

[2] The system shall conform to the minimum required front yard setback for the zone in which it is located.

(f) A twenty-foot-wide buffer consisting of plantings, fencing or berming, or some combination thereof, shall be provided around such systems to provide visual screening. If the system is located on a property which abuts a property zoned or used for residential purposes, the buffer shall be 40 feet.

(g) The system shall be designed in such a manner that neither water nor snow accumulates and has concentrated flow off the structure.

D. Small wind energy systems.

(1) The system shall provide net metering for a principal use located on the tract.

(2) Small wind energy systems shall be ground-mounted.

(3) Minimum lot size.

(a) No small wind energy system shall be permitted upon any lot having an area less than 20 acres.

(b) No more than one small wind energy system is permitted per property.

(4) Height.

(a) The total height of a small wind energy system shall not exceed 75 feet, measured from the grade plane to the height of the blades at the highest point.

(b) All moving parts of the small wind energy system shall be a minimum of 30 feet above grade.

(5) Setbacks.

(a) All elements of a small wind energy system shall be set back from lot lines a distance of no less than 150% of the total height of the system, or at a distance that otherwise conforms to the minimum setback requirements of the applicable zoning district, whichever is greater.

(b) No element of a small wind energy system shall interfere with any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.

(c) No small wind energy systems shall be located in a front yard.

(6) All ground-mounted electrical and control equipment of a small wind energy system shall be labeled and secured to prevent unauthorized access.

(7) The tower of the small wind energy system shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing, for a minimum height of eight feet above grade.

(8) Screening and buffers. Small wind energy systems and substations shall be screened as follows:

(a) A twenty-foot wide buffer consisting of plantings, fencing or berming, or some combination thereof, shall be provided around such systems to provide visual screening. If the system is located on a property which abuts a property zoned or used for residential purposes, the buffer shall be 40 feet.

(b) Substations and other associated transmission structures shall be screened with a double row of evergreen plantings with a minimum height of eight feet at planting.

(9) Noise. All small wind energy systems shall comply with the following:

(a) The sound levels of the small wind energy system shall not exceed 55 dBA as measured at the property line.

(b) The maximum sound level in Subsection D(9)(a) above may be exceeded during short-term events such as utility outages and/or severe windstorms.

(c) Small wind energy systems shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.

(10) Lighting. A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

(11) Appearance, color, and finish. The wind generator and the tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer.

(12) Signs. There shall be no signs that are visible from any public road posted on a small wind generator system or any associated structure, except for the manufacturer's or installer's identification, appropriate warning signs, or owner identification. No such signs shall exceed two square feet in area unless the Planning Board determines that a larger size is necessary to facilitate maintenance and/or emergency response.

E. Geothermal energy systems.

(1) Only the following types of geothermal energy systems shall be permitted:

(a) Closed-loop horizontal; or

(b) Closed-loop vertical.

(2) Open-loop geothermal systems are prohibited.

(3) For all closed-loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food-grade propylene glycol shall be permitted.

(4) Geothermal systems shall not encroach on public drainage, utility roadway or trail easements of any nature.

(5) All geothermal systems shall be located a minimum distance of 25 feet from any property line.

(6) Aboveground equipment associated with geothermal pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public street and shall meet all required setbacks for the applicable zoning districts.

F. Abandonment.

(1) Where a solar or small wind energy system is out of service for a continuous eighteen-month period, there shall be a rebuttable presumption that the system has been abandoned.

(2) The Township may issue a notice of abandonment to the owner of a renewable energy system that is deemed to have been abandoned. The notice shall be sent return receipt requested.

(3) The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.

(4) If the owner provides information that demonstrates the renewable energy system has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.

(5) If the Township determines that the renewable energy system has been abandoned, the owner of the renewable energy system shall remove the renewable energy system and properly dispose of the components at the owner's sole expense within six months after the owner receives the notice of abandonment.

(6) In the event that the owner fails to remove the renewable energy system, the Township or its employees or contractors may enter the property to remove the renewable energy system (but shall not be obligated to remove the same), and in the event that the Township performs the removal, all costs of such removal shall be reimbursed to the Township by the owner. In the event the owner fails to reimburse the Township, the Township may place a lien on the property in the amount of the costs of said removal, and in the event that the Township incurs any additional costs in enforcing the lien or collecting the money owed, the owner shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorneys' fees.

§ 95-34.5 Rooftop appurtenances.

[Added 12-16-2020 by Ord. No. 27-20]

A. Rooftop appurtenances, including but not limited to elevator penthouses, stair towers, and roof-mounted tanks and mechanical equipment, such as condensers, exhaust fans, other air conditioning equipment, and other similar equipment, shall comply with the following standards:

(1) The aggregate area of rooftop appurtenances, including all areas within a screen or enclosure, shall not exceed 20% of the total area of the roof surface.

(2) Rooftop appurtenances and associated screens or enclosures shall be set back a minimum of 15 feet from the roof perimeter.

(3) Rooftop screening shall be compatible with the architectural design of the building.

§ 95-35 Permitted uses.

A. [1]Country clubs, outdoor recreation facilities and swimming pools.

(1) In zones where permitted, no building shall be located within 50 feet of any property line or closer than permitted for principal structures in the zone where located, whichever is greater.

(2) In zones where permitted, there may be included retail sales of food and products complimentary to the facility, for members and their guests only.

(3) Unenclosed recreational facilities shall be located not less than 50 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining residential uses.

(4) No public address system shall be permitted except where such system will not be audible at any property line.

(5) Other factors, such as lighting, drainage, parking, surfacing and signs, shall be subject to site plan review and shall meet the requirements of this chapter and Chapter 57, Land Development.

(6) Outdoor recreation facilities shall include golf courses, ice-skating rinks, swimming pools, tennis courts and other similar facilities.

[1] Editor's Note: Original § 95-35A of the 1969 Code, regarding agricultural uses, as amended, was repealed 12-14-2011 by Ord. No. 37-11.

B. Multistructure development. The standard provisions of this chapter require a separate ground area, referred to in this chapter as a "lot," which must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same lot where permitted elsewhere herein. Additionally, in residential zones, where otherwise permitted, several lots may be combined into one special plan covering a development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in development groups.

(1) Nonresidential development design standards.

(a) In any nonresidential zone, planned development groups may be permitted where two or more principal structures are developed on a single zone lot, subject to all minimum area, bulk and yard requirements established in the Schedule of Area, Bulk and Yard Requirements[2] and other regulations of this chapter and the additional requirements herein.

[2] Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included as an attachment to this chapter.

(b) Spacing between buildings and orientation in commercial and industrial building groups shall be as follows:

[1] Exterior walls of opposing or adjacent buildings shall be located no closer than 1.5 times the distance equal to the height of the taller building.

[2] A building group may not be so arranged that any permanently or temporarily occupied building is inaccessible to emergency vehicles.

(2) Multifamily development design standards.

(a) Two or more multiple-family buildings or structures on one zone lot. Under the provisions of this chapter, multiple-family buildings or structures are permitted on one lot, where otherwise permitted herein, subject to all minimum area, bulk and yard requirements established in the Schedule of Area, Bulk and Yard Requirements and other regulations in this chapter and the additional requirements herein.

(b) Distances between buildings. The minimum distance between any two buildings shall not be less than as required under the following formula:

		LA + LB + 2(HA + HB)
	S =
		5

	Where:
		S	=	Required minimum horizontal distance between any wall of Building A, at any given level, and any wall of Building B, at any given level, or the vertical prolongation of either.
		LA	=	Total length of Building A.
		LB	=	Total length of Building B.
		HA	=	Height of Building A. The height of Building A is the average height above the finished grade of the nearest wall facing Building B.
		HB	=	Height of Building B. The height of Building B is the average height above finished grade of the nearest wall or walls facing Building A.

(c) Maximum number of dwelling units per grouping.

[1] Each building shall be of fireproof construction and shall contain not more than eight dwelling units and, in attached buildings, not more than 24 dwelling units, with no portion of the building below the first story used for dwelling purposes.

[2] The maximum length of any multiple-family building shall not exceed 160 feet. The building shall be designed so as to be accessible to all emergency vehicles.

(d) Courts. Where a court is provided, it shall have dimensions, the minimum of which shall be 40 feet or 1 1/2 times the height of the building, whichever is greater.

(e) Recreation space. There shall be provided on the site of each development an area or areas of not less than 100 square feet of recreation space for each dwelling unit, but in no case shall there be less than 2,000 square feet devoted to the joint recreational use of the residents thereof. Such recreational use shall be appropriately located in other than a front yard and shall be required to be developed with passive and/or active recreational facilities.

(f) Off-street parking requirements. Off-street parking facilities shall be in accordance with the requirements established in this chapter and shall not be located in any required front yard.

(g) General landscaping requirements. Any unenclosed use or area may be required by the Planning Board to be landscaped. Provision shall also be made for landscaping as required elsewhere herein.

C. Townhouses in the TH-6 Zone.

(1) Maximum density shall be not more than six dwelling units per gross acre. Gross acre shall include all area within the tract boundary lines except land in floodplains and on slopes in excess of 15%.

(2) Individual lot requirements.

(a) Minimum width. The average width of all individual lots shall be not less than 22 feet, and no individual lot shall have a width of less than 20 feet, said width to be measured at the actual building setback line for each individual lot.

(b) Minimum area. The average area of all individual lots shall be not less than 2,200 square feet, and no individual lot shall have an area of less than 2,000 square feet.

(c) Front and rear yards. Each individual lot shall have a front and rear yard, and no such yard shall be less than 20 feet, as measured from any interior service or private road, and 40 feet as measured from any major arterial, municipal or county road. The average front and rear yards for all individual lots in any tract shall be not less than 25 feet. The number of individual lots with front or rear yards of less than 25 feet shall be equal to those with front or rear yards of more than 25 feet, and by the same number of feet.

(d) Side yard. There shall be a side yard of not less than 10 feet at the end of each row.

(3) Building requirements.

(a) Design.

[1] No dwelling unit shall have a floor area of less than 800 square feet.

[2] Each dwelling unit shall have not fewer than two exposures.

[3] There shall be no more than eight dwelling units in any single group of dwelling units.

[4] No dwelling unit or group of dwelling units shall exceed 2 1/2 stories or 30 feet, whichever is the lesser. No living space shall be permitted above the second floor.

[5] No more than two adjacent dwelling units may be constructed without providing a front wall setback of not less than four feet.

[6] Common accessory buildings and facilities shall be designed to harmonize with the overall character of the development and shall meet the setback requirements set forth herein for groups of dwelling units.

(b) Siting.

[1] Each group of dwelling units shall not be less than 50 feet from any tract boundary line, except that where the rear yard of an individual lot abuts the rear yard of property adjacent to the tract, this setback may be reduced to 35 feet, if necessary.

[2] No group of dwelling units within the tract shall be closer than 30 feet to any other group of dwelling units within the tract.

[3] Dwelling units and accessory buildings on individual lots shall not, in the aggregate, cover more than 60% of the area of each individual lot.

(c) Construction.

[Amended 3-28-1979 by Ord. No. 2-79[3]]

[1] The exterior walls in each group of dwelling units shall be faced with brick, quarried stone, stucco, wood or other materials suitable in terms of quality, durability and appearance and approved by the Planning Board.

[2] The construction of all dwelling units shall conform to current state regulations.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) The parking requirement shall be two spaces for each dwelling unit.

(5) Common open space resulting from the application of standards for density or intensity of land use shall be set aside for the use and benefit of the residents in such development. At least 25% of the total area shall be set aside as open space, of which 10% shall be in formal recreation facilities. Common open space shall be subject to N.J.S.A. 40:55D-43.

(6) Utilities, facilities and landscaping.

(a) Refuse storage areas shall be located on each individual lot and shall be so designated as to minimize any detrimental effect on the character of the development.

(b) All utility wiring shall be underground.

(c) A typical landscaping plan shall be indicated for individual shrubs and an overall landscaping plan for the entire development.

D. Townhouses in the TH-8 Zone.

(1) Maximum density shall be not more than eight dwelling units per gross acre. Gross area shall include all areas within the tract boundary lines except in floodplains and on slopes in excess of 15%.

(2) All other requirements of townhouses in the TH-6 Zone shall apply to townhouses in the TH-8 Zone.

E. Public and nonprofit or limited-dividend housing for elderly persons.

(1) Need. It has been determined that there is a need for public and nonprofit or limited-dividend housing for elderly persons located and designed to serve the special needs and habits of such persons and which will contribute to their dignity and independence. It is recognized that such housing projects, if not properly located, designed, constructed, maintained and safeguarded against deterioration, may be detrimental to the general welfare, health and safety of the occupants thereof.

(2) Definitions. For the purpose of this section, "public and nonprofit or limited-dividend housing for elderly persons" shall be deemed to mean one or more dwelling units intended and specifically designed to provide well-constructed and adequate housing for elderly persons having low or moderate income, which housing shall conform to all the requirements and guidelines established by the United States Department of Housing and Urban Development and/or the New Jersey Housing and Mortgage Finance Agency, whichever are the more stringent, with respect to cost limitation, construction, rental costs, selling prices and other standards for low- and moderate-income senior citizen housing, and further provided that the applicant for construction of such housing shall participate in federal and/or state subsidy programs for such housing in order that shelter costs shall be initiated and maintained at the lowest feasible amounts. Such housing shall be occupied by individuals 55 years of age or older. One person under age 55 may reside in a dwelling unit with an elderly person or persons as permitted above if the presence of such person is essential to the physical care or economic support of the elderly person or persons. Such dwelling units may be arranged as separate detached buildings or may be grouped together in one or more multiunit buildings. Each dwelling unit may consist of complete living accommodations, including cooking facilities, or may consist of sleeping accommodations with individual bathroom facilities.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Accessory uses. In addition, such a housing project may contain, as accessory uses thereto, one or more of the following: health facilities, dispensary, indoor and outdoor recreational facilities, worship facilities, living and dining areas for the common use of project residents, central kitchen facilities where food may be prepared for service either in a common dining area or for distribution to individual dwelling units, and stores, shops and offices for the sale of goods or the rendering of services to residents of the property, only provided that such business uses shall not be noticeable beyond lot lines and no outside advertising shall be permitted.

(4) Procedure.

(a) The applicant shall obtain site plan approval from the Planning Board of the Township of Morris in accordance with this chapter.[5]

[5] Editor's Note: For provisions on site plan approval, see Ch. 57, Part 4.

(b) The application for a site plan shall be in a form provided by the Planning Board and shall contain a listing of the plans, specifications and all other documents submitted by the applicant and such other information and documents required by the Township.

(c) At the time of filing said application, the applicant shall pay the normal site plan fee unless waived by the Planning Board.

(d) The Planning Board shall thereupon conduct a hearing on the application and shall determine if, in its judgment, the use will meet the intent and objectives of public and nonprofit or limited-dividend housing for elderly persons and all requirements therefor and will not be detrimental to the health, safety and general welfare of the Township of Morris.

(e) The Planning Board shall have the authority to require the applicant to furnish such other information necessary to show proper assurance and guarantees to the Township that the proposed project will be developed, constructed and maintained in the manner, form and within the limitations set forth in the application, plans, specifications, conditions and regulations governing and that may be required for the protection of the health, welfare and safety of the citizens of the Township. The Planning Board may require such documents or information as it may deem necessary to show proper compliance by said applicant with all of the standards, regulations and provisions of the Township ordinances or such of them as may be applicable.

(f) The Township shall require, where appropriate, the applicant to furnish a performance bond or bonds for the purpose of guaranteeing the completion of streets, drainage facilities and areas, storm sewers, installation of water and sewer, sidewalks, landscaping, monuments, street signs, fire hydrants, internal fire alarm boxes, parking areas, driveways, walkways, lighting, lakes and dams within the boundaries of said project and other improvements as the Township shall deem necessary either within the boundaries of the project on the lands of the applicant or public lands or on public roadways for the insurance of adequate safety, health and welfare of the citizens of the Township and the citizens to occupy the project. The Township shall also require, where appropriate, bonds for off-tract drainage facility, roadway, sidewalk, curb and waterway improvements as it shall deem necessary due to the impact of burden upon said facilities or the necessity for said facilities created or caused by the construction of and use and occupancy of the project.

(g) The Planning Board may attach such conditions for such a project as it may deem necessary to ensure delivery of proper water supply, disposal of waste, garbage, trash, junk and other unhealthful accumulations, drainage, and assurance of ingress and egress by the police, health and fire inspection officials of the Township to guarantee the maintenance of facilities to be used by the residents of said project.[6]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) Minimum standards. A public and nonprofit or limited-dividend housing project for the elderly shall conform to all of the following minimum standards:

(a) No building shall be closer than 50 feet to any lot line nor 75 feet to any street line.

(b) There shall be provided off-street parking of at least one space for each dwelling unit.

(c) One sign, not exceeding six square feet in area, for each street frontage shall be permitted.

(d) The minimum site area shall be five acres. The minimum site width shall be 500 feet.

(e) The maximum number of dwelling units shall be 15 per acre.

(f) The maximum percent coverage of all buildings shall be 25%.

(g) Said project shall be served by complete water, sewer, telephone and gas or electric facilities. All of these services shall be placed underground.

(h) The maximum allowable height for any structure shall be no more than three stories. No dwelling unit shall be constructed below grade.

(i) There shall be a minimum of two driveways or internal access roads to any such project. Such driveway or internal access roads shall connect with only secondary arterial, major collector or minor collector streets as designated in the adopted Township Master Plan.

(6) Compliance. The project shall comply with all federal and state rules and regulations governing public and nonprofit or limited-dividend housing for elderly persons.

F. Cluster development option.

[Amended 8-16-1995 by Ord. No. 35-95]

(1) The purpose of the cluster development option in the RA-130, RA-35, RA-25 and RA-15 Zones is to provide standards, pursuant to N.J.S.A. 40:55D-39 or any amendments thereto, which encourage flexibility and economy in design and layout as well as the conservation of natural resources. In accordance with the standards, the Planning Board, in its sole and absolute discretion, may permit cluster residential development groups and may approve the varying of lot areas and dimensions and the yard, setback and coverage provisions otherwise required in the RA-130, RA-35, RA-25, RA-15 and OS-GU Zones.

(2) Prior to approval of a proposed cluster development option, the Planning Board shall make the following factual findings and conclusions:

(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the criteria of this chapter, pursuant to N.J.S.A. 40:55D-65c of the Municipal Land Use Law.

(b) That the proposals for maintenance and conservation of the open space are reliable, and the amount, location and purpose of the common space are adequate.

(c) That provisions regarding the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light, air and recreation and visual enjoyment are adequate.

(d) That the proposed cluster development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(e) In the case of a cluster development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(3) In formulating its findings, the Board shall consider the following conditions and criteria with respect to the proposed cluster development:

(a) The use of design flexibility as afforded by a cluster subdivision would result in the preservation of irreplaceable scenic qualities of land and/or water areas or areas of environmental sensitivity.

(b) Areas designated for preservation are desirable for public use, such as parks and recreation areas, or for private use as recreation or passive open space.

(c) The area or areas, if designated for public purpose, will be accepted and approved by the Township Committee prior to final approval of the major subdivision.

(d) The suitability of land proposed for dedication shall be reasonably consistent with the adopted Township Master Plan.

(e) The physical characteristics of the site, including topography and slopes, soil conditions, drainage, water supply, sewage disposal facilities and natural vegetation, are conducive to cluster development.

(4) The total number of lots permitted under an approved cluster development option plan shall be determined by the number of lots that would be obtained by the conventional subdivision of the tract into regulation lots. The conventional subdivision plan shall in all respects conform to the Zoning and Land Development Codes of the Township of Morris and to all applicable federal, state and county regulations, as determined by the Planning Board on the basis of a conventional subdivision plan, and shall contain all the necessary information for the submission of a preliminary subdivision, except that the detailed engineering designs of road cross sections and water, sewer and stormwater utilities, including detention basins, may be omitted.

(5) A complete cluster development option plan showing reduced lot sizes, pursuant to the criteria set forth in Subsection F(6) below, shall be submitted to the Planning Board, together with the conventional subdivision plan, and shall include:

(a) Appropriate application forms.

(b) Application fees as may be established by ordinance.

(c) Plans which conform to the requirements of Chapter 95, Zoning, and Chapter 57, Land Development, except as modified by the cluster development criteria of this section.

(6) The following regulations shall apply to the cluster subdivision plan:

(a) The minimum lot area for any one lot in the RA-130 Zone may be reduced to 100,000 square feet, and, in such case, the bulk and yard requirements shall be those required in the RA-35 Zone. In the RA-35, RA-25 and R-15 Zones, the minimum lot area for any one lot may be reduced to the minimum lot area required in the RA-25 Zone, RA-15 Zone and RA-11 Zone, respectively, and, in such cases, the bulk and yard requirements of the RA-25, RA-15 and RA-11 Zones shall apply, respectively. In the OS-GU Zone, the minimum lot area may be reduced to 100,000 square feet, and the bulk and yard requirements shall be those required in the RA-130 Zone.

(b) The number of lots proposed under the cluster development option shall not exceed the number of building lots which are proposed under the conventional subdivision plan.

(c) Any area or areas proposed for public use shall be contiguous and of usable size and shape for the purpose intended, as shall be determined by the Planning Board.

(d) For purposes of this section, open space shall be formal, active and passive recreation areas, including bodies of water and watercourses, undisturbed natural area, planted and landscaped areas or a combination of the above. Open space shall not include any roads, parking areas or part of any building lot.

(7) Within 45 days of receipt of a completed cluster development option plan application, the Planning Board shall hold a public hearing with notice and grant or deny the use of the cluster option. The applicant shall be required to provide notice of the public hearing in compliance with N.J.S.A. 40:55D-12 of the Municipal Land Use Law.

G. Temporary use of trailers or other vehicles for housing.

[Added 5-13-1981 by Ord. No. 14-81]

(1) No trailer, motor home, camper or camp car shall be used for residential purposes in the Township of Morris.

(2) Notwithstanding Subsection G(1) above, however, any person or persons may make application to the Construction Official or Zoning Officer of the Township of Morris for a temporary permit to use as a dwelling or sleeping place a trailer, motor home, camp car or camper, upon a showing by the applicant that his or her home has been partially destroyed by fire, flood or other casualty and is unfit for occupancy. If the Construction Official or Zoning Officer is satisfied that there is a necessity for the use of a trailer, motor home, camper or camp car as a dwelling or sleeping place during the period of time that the dwelling is, in fact, undergoing repairs or replacement, then and in that case the Construction Official or Zoning Officer may issue a permit for such use for a period of 90 days under such terms and conditions as he may see fit, including but not limited to the location of such unit on the premises, provisions for proper sanitary facilities, water, light, heat, safety and other considerations. If after the period of 90 days the dwelling unit has not been repaired or replaced and there is still a continuing need for the use of a unit for temporary housing, the Construction Official or Zoning Officer may renew the temporary permit for an additional 90 days or such lesser time as may be necessary. At the expiration of the initial ninety-day period or the renewal period granted, the applicant shall immediately discontinue the use of that unit for temporary housing and shall remove the same from the premises in question or otherwise park or store the unit in accordance with the terms of this chapter.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 95-36 Accessory uses and structures.

A. Accessory structures in residential zones. Accessory structures may be erected in the side or the rear yard of a lot in a residential zone, provided that:

[Amended 12-6-2006 by Ord. No. 28-06]

(1) An accessory structure shall not be located closer to any lot line than is permitted for principal structures within the zone in which the accessory structure is located. Notwithstanding the foregoing, one accessory building per lot, such as a storage shed, containing 100 square feet or less of gross floor area may be erected within a minimum required side or rear yard, provided that such building shall not be located closer than five feet to a side or rear lot line.

(2) No accessory structure shall be located closer to the street line than the greater of:

(a) The minimum required front yard setback; or

(b) The actual front yard setback of the principal building.

(3) No portion of an accessory structure shall be used for living quarters.

(4) When an accessory structure is attached to the principal building, it shall be considered as part of the principal building, and it shall comply in all respects with the requirements of this chapter applicable to the principal building.

(5) The maximum height of any accessory building, except as provided in Article IV, shall be 15 feet.

(6) The total aggregate building coverage of all accessory buildings on a lot in a residential zone shall not exceed 900 square feet.

(7) The total aggregate building coverage of the principal building and all accessory buildings on a lot in a residential zone shall not exceed the maximum permitted building coverage in the Schedule of Area, Bulk and Yard Requirements.[1]

[1] Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included as an attachment to this chapter.

(8) For purposes of this section, corner lots shall be deemed to have a front yard on each abutting street. On a corner lot, no accessory structure shall be located closer to any street line than the greater of:

(a) The minimum required front yard setback for the zone in which the lot is located; or

(b) The actual front yard setback of the principal building.

(9) No accessory building or structure shall be erected until a zoning permit has been issued by the Zoning Officer pursuant to § 57-95A.

B. Swimming pools, hot tubs, spas, tennis courts, playground equipment and similar recreational facilities in residential zones. The following regulations shall apply to all swimming pools (except portable pools less than four feet in height and less than 10 feet in length or diameter), hot tubs, spas, tennis courts, playground equipment, and similar recreation facilities accessory to a residential use:

[Amended 12-6-2006 by Ord. No. 28-06]

(1) Such facilities shall be erected on the same lot as the principal structure to which they are accessory.

(2) Such facilities may not be erected within a front yard but may be erected in a side or rear yard. In the side or rear yard, such facilities shall comply with the minimum setback requirements applicable to the principal building.

(3) Such facilities shall be screened by landscaping or solid fencing from all adjoining properties. Fencing used for screening shall be a minimum of four feet in height. Landscape screening shall be a minimum of four feet in height at planting.

[Amended 4-16-2008 by Ord. No. 8-08]

(4) Such facilities shall comply with all applicable laws, ordinances, regulations and directives of the Township of Morris and any other governmental agency having jurisdiction.

(5) No facility regulated by this Subsection B shall be erected, placed or located on any lot until a grading permit has been issued by the Township Engineer pursuant to § 57-138, or an exemption has been granted pursuant to § 57-138B.

C. Accessory structures in other zones.

(1) In any nonresidential zone, no accessory structure or use shall be located closer to any lot line than is permitted for a principal structure within the zone in which it is located.

(2) In any nonresidential zone, all accessory structures shall be located at a distance from the principal structure as determined by the Planning Board, based upon the recommendations of the Health Administrator and the Fire Chief of the Township of Morris.

(3) In any nonresidential zone, no accessory structure shall be located closer to the road right-of-way than the required front yard setback of the principal structure. The requirements of Subsection A shall also apply to all accessory structures hereunder.

(4) When an accessory structure is attached to the principal building in all nonresidential zones, it should be considered as part of the principal building and shall comply in all respects with the requirements of this chapter applicable to the principal building.

(5) No portion of an accessory structure in any nonresidential zone shall be used for living quarters, except as may be provided for caretakers or security guards.

D. Fences and walls. Fences and walls in excess of 18 inches in height shall constitute accessory structures, which are permitted in all zones. Such fences and walls shall be subject to the standards set forth below and, in the case of fences for swimming pools, the standards in Subsection B(3) above. Fences and walls shall not, however, be subject to any other standards in Subsection A, B or C of this section.

[Amended 12-6-2006 by Ord. No. 28-06; 4-16-2008 by Ord. No. 8-08]

(1) General requirements.

(a) The finished side of every fence must face the property adjoining the lot on which the fence is erected.

(b) No fence or wall shall be erected or maintained at height or in a location that would limit or restrict sight distance required for any street or driveway under § 57-114, the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., or under any other regulation of the Township of Morris, the County of Morris, or the State of New Jersey.

(c) No fence may contain razor ribbon or barbed wire.

(d) Electrified fences are prohibited.

(e) No fence shall be constructed or maintained in any manner which creates an unreasonable risk of harm to persons or animals.

(f) No fence or wall shall be erected or maintained closer than six inches to any property line.

(g) Tiered retaining walls must be separated from one another by a horizontal distance equal to the height of the taller of the two adjoining walls. Tiered retaining walls constructed in compliance with this spacing requirement shall be deemed to constitute separate walls for purposes of calculating wall height. Otherwise, such retaining walls shall be deemed to constitute one wall for purposes of height calculations.

(h) Fences constructed above or on top of retaining walls shall be separated from the retaining wall below by a horizontal distance equal to the height of the retaining wall or the fence, whichever is greater. Fences and walls constructed in compliance with this spacing requirement shall be deemed to constitute separate structures for purposes of calculating height. Otherwise, such fences and walls shall be deemed to constitute one structure for purposes of height calculations. Fences less than 25% solid that do not exceed 3.5 feet in height shall be exempt from the requirements of this Subsection D(1)(h).

(2) Fences and walls located closer to the street than the principal building.

(a) No wall except a retaining wall shall be erected or maintained closer to a street line than the closest point of the principal building. Such retaining walls shall not exceed four feet in height.

(b) Fences erected or maintained closer to a street line than the closest point of the principal building shall not exceed 3.5 feet in height.

(c) No fence which is more than 25% solid shall be erected or maintained closer to any street line than the principal building.

(d) No chain-link fence, deer fence, chicken wire fence, or flat board picket fence shall be erected or maintained closer to any street line than the principal building.

(3) Fences and walls in side and rear yards.

(a) No fence or wall erected or maintained in any side or rear yard shall have a height exceeding six feet, except that security fences in the side and/or rear yards of properties located in the I-21 Industrial Zone shall be permitted to be up to eight feet in height.

(b) Fences and walls erected in side and rear yards may be up to 100% solid.

§ 95-37 Conditional uses.

A. General. Conditional uses shall comply with all applicable provisions of this section. Where satisfaction of any condition for a conditional use requires approval by a governmental agency other than the Planning Board, the Planning Board may condition its approval upon the subsequent approval of any and all other governmental agencies having jurisdiction. Except to the extent inconsistent with the provisions of this section, conditional uses shall comply with all other applicable provisions of Chapters 57 and 95 of the Code of the Township of Morris. Compliance with all other applicable provisions of these chapters, however, shall not be deemed to be a "specification or standard . . ., pertaining solely to a conditional use" within the meaning of N.J.S.A. 40:55D-70d(3).

[Amended 6-18-2003 by Ord. No. 14-03; 5-19-2004 by Ord. No. 3-04]

B. Places of worship. Where a place of worship together with any accessory uses customarily associated therewith occupies two or more tax lots, the aggregate of such lots shall constitute the lot upon which all applicable standards established herein shall be calculated.

[Amended 10-21-2020 by Ord. No. 20-20]

(1) The following base standards shall apply where there are no separate buildings for any accessory use customarily associated with a place of worship as defined in Chapter 57 Land Development or where the only separate building is for the living quarters of the religious leader.

(a) Minimum lot area: three acres.

(b) Maximum building coverage: 15%.

(c) Maximum impervious coverage: 60%.

(d) Minimum front yard setback: 50 feet.

(e) Minimum side yard setback: 40 feet.

(f) Minimum rear yard setback: 100 feet.

(g) Maximum height: the greater of 35 feet or 2 1/2 stories. Steeples, spires, belfries, minarets, and other similar building ornamentation shall not exceed 50 feet.

(h) Vehicular access shall be provided from roads other than local streets in accordance with the roadway classifications in the Circulation Element of the Master Plan.

(2) Where there are one or more separate buildings for any use customarily associated with a place of worship as defined in Chapter 57 Land Development other than the living quarters for members of the religious order, the base standards established under Subsection B(1) above shall be cumulatively increased as follows: the minimum lot area shall be increased by two acres; the minimum front yard setback shall be increased by 25 feet; and the minimum side yard setback shall be increased by 20 feet.

(3) Where there are separate living quarters for members of the religious order, the base standards under Subsection B(1) above and any cumulative increases required under Subsection B(2) above shall be further increased as follows: the minimum lot area shall be increased by two acres; the minimum front yard setback shall be increased by 25 feet; and the minimum side yard setback shall be increased by 20 feet.

C. The Planning Board shall not grant conditional use or site plan approval for an in-home professional or an in-home business office unless all of the following conditions are satisfied:

[Amended 2-11-1981 by Ord. No. 1-81; 4-19-1995 by Ord. No. 9-95]

(1) In-home professional or business offices shall be permitted only within detached one-family dwelling units and shall be operated only by the person or persons residing in the premises.

(2) Such office shall be located on a major or minor collector street or higher level of service road as designated by the Township Master Plan.

(3) Such office shall be contained entirely within the residential structure of the premises and shall not exceed 25% of the total floor area of that structure, except that in no case shall such office space exceed 750 square feet.

(4) Parking spaces.

(a) Adequate parking spaces shall be provided so that no parking related to the office shall occur on the street. At least one parking space shall be provided for each 200 square feet or fraction thereof of office floor area, unless the applicant can demonstrate that fewer will be required. No parking shall be permitted in the front yard nor within 10 feet of any side or rear property line. All parking spaces shall be screened or buffered by landscaping, fencing or other suitable materials as approved by the Planning Board.

(b) Home medical or dental offices shall provide parking spaces as follows:

[1] First resident doctor: three spaces.

[2] Second resident doctor: one space.

[3] Each 100 square feet of office floor area: one space.

(5) Not more than 15 patient/client visits per day shall be permitted.

(6) Not more than two office employees shall be present on site at any one time.

(7) Safe and efficient on-site parking, vehicular and pedestrian circulation shall be maintained as approved by the Planning Board.

(8) Normal office operation shall be limited to a maximum of 44 hours per week and shall occur only between the hours of 8:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturday. No office hours shall be permitted on Sunday.

(9) Not more than one sign having an area of two square feet shall be permitted; lighting of the sign shall be properly shielded and shall not exceed 75 watts. Signage shall only be illuminated during actual hours of office operation.

(10) No open outdoor storage of materials or vehicles shall be permitted; storage in carports is not permitted.

(11) The conditional use approval shall terminate with any change in the use; a continuing use certificate of occupancy shall be required with any change in ownership of the premises.

(12) The lot on which an in-home professional or in-home business office is to be conducted shall meet all area and dimensional requirements, and all structures shall be located in conformance with all yard requirements for the zone in which the property is located.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(13) There shall be no deliveries of materials and supplies other than by conventional means (e.g., United States mail, express shipping companies, United Parcel Service and Federal Express) in standard delivery vans.

(14) There shall be no generation of any noise, vibration, odor, glare, fumes, safety hazard or electrical interference detectable outside the structure.

(15) A single accessory home office in a residential dwelling unit which meets the following requirements shall be exempt from conditional use and site plan approval but shall be issued a zoning permit pursuant to § 57-3[2] upon the Zoning Officer finding that the use complies with the following provisions:

(a) No client or customer activity on site.

(b) No nonresident employees.

(c) No exterior signs.

(d) No requirement for additional on-site parking greater than that for residential use of the dwelling.

(e) No generation of additional vehicular trips over those for the dwelling unit.

(f) No deliveries of office materials and supplies other than by conventional means (e.g., United States mail, express shipping companies, United Parcel Service and Federal Express) in standard delivery vans.

(g) No generation of any noise, vibration, odor, glare, fumes, safety hazard or electrical interference detectable outside the structure.

(h) No office occupancy of more than 15% of the floor area of the dwelling unit or 750 square feet, whichever is less.

[2] Editor's Note: See the definition of "accessory home office" in § 57-3.

D. Animal hospitals and animal kennels. Animal hospitals and kennels shall be located no closer than 200 feet to any lot boundary line, except 100 feet to any front yard lot line. Such facilities shall be maintained in an enclosed structure and shall be of soundproof construction and so operated as to produce no objectionable odors at the lot boundary line, in accordance with Article VII. Open kennels, exercise pens or runways shall not be located closer than 400 feet to any lot boundary line, except 200 feet to the front yard lot line, and shall be subject to noise and odor controls established for an enclosed building.

E. Community buildings, clubs, social halls, lodges, fraternal organizations and places of assembly.

[Amended 10-21-2020 by Ord. No. 20-20]

(1) Minimum lot area: three acres.

(2) Maximum building coverage: 15%.

(3) Maximum impervious coverage: 60%.

(4) Minimum front yard setback: 50 feet.

(5) Minimum side yard setback: 40 feet.

(6) Minimum rear yard setback: 100 feet.

(7) Maximum building height: the greater of 35 feet or 2 1/2 stories.

(8) Vehicular access shall be provided from roads other than local streets in accordance with the roadway classifications in the Circulation Element of the Master Plan.

F. Nursery schools.

(1) In addition to meeting the minimum requirements for the zone where located, any lot on which a nursery school is operated shall have a lot area of at least 4,356 square feet for each pupil enrolled in the school.

(2) No recreation area shall be located within 20 feet of any lot line.

G. Nursing homes.

(1) Development controls. Nursing homes, where permitted, shall be subject to the area, bulk and yard regulations established in § 95-28 herein.

(2) Additional design controls.

(a) Courts. Where a court is provided, it shall have a minimum of twice the height of the building or 40 feet, whichever is less.

(b) Recreation space. There shall be provided on the site of such development an area or areas of not less than 2,000 square feet, plus 50 square feet per patient bed, which shall be utilized for the recreational use of the patients therein.

(c) Access. There shall be no less than two means of ingress and egress to any nursing home. Access to the building and circulation within the building shall also include appropriate ramps and rails for the infirmed.

(d) Solid waste disposal. Solid waste disposal shall be subject to all Township, county, state or federal approval. No incinerator on the premises shall be permitted.

(e) Environmental criteria. Nursing homes shall meet all of the environmental criteria established in this chapter.

H. Essential services.

(1) Essential services, enclosed or permanent structures, shall include electric substations, transformers, switches and auxiliary apparatus serving a distribution area and water pumping station in residential zones and shall be subject to the following regulations:

(a) Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(b) The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.

(c) Adequate fences, barriers and other safety devices shall be provided and shall be landscaped.

(2) Open essential services. Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or Township or other governmental agencies, of underground or overhead electrical, gas or water transmission or distribution systems and collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or Township or other governmental agencies or for the public health, safety or general welfare.

I. Motels, hotels and motor hotels. In addition to all other zoning standards, the following additional standards shall be applicable:

(1) Minimum habitable room area. Such uses shall have a minimum area for each unit of occupancy of 150 square feet and shall include a minimum of one bedroom with a shower or bath, a sink and a toilet.

(2) Occupancy. No unit of accommodation designated as a motel, hotel, motor hotel or other similar use shall contain any permanent housekeeping facilities, except that one unit may be so used by the owner or agent of the premises.

(3) Shops and services. Shops and services normally accessory to motel, hotel or motor hotel operations shall be permitted on the ground-level floor; provided, however, that access to such shops and services shall be only from the interior of the motel, hotel or motor hotel, and all signs advertising services and shops shall be visible only from the interior of the facility.

J. Outdoor storage areas. Such uses, where permitted, shall not abut existing residential development, a residential street or any residential zone, and the operation thereof shall be governed by the following provisions:

(1) Flammable, combustible and explosive materials. All flammable, combustible and explosive materials shall be stored only in accordance with all applicable regulations of the NJDEP and the Township Building and Fire Prevention Codes. Applications to remove and replace single or multiple underground petroleum storage tanks not exceeding 5,000 gallons' total capacity shall be made to the Township Engineering Department. The Department, in consultation with the construction code and fire prevention officials, shall make an administrative site review of the application and, if in compliance with all applicable regulations, may approve it without need for further site plan review by the Planning Board. A copy of the administratively approved site plan shall be transmitted to the Planning Board Secretary and retained in the Board's files. All applications for tank capacity in excess of 5,000 gallons shall be made to the Planning Board for site plan review. The Engineering Department shall refer any application to the Planning Board or the Board of Adjustment, as the case may be, which it finds requires variance relief or which proposes to alter materially any previously approved site plan.

[Amended 2-23-1994 by Ord. No. 1-94]

(2) Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required setbacks for the zone in which located. This provision shall not apply to outdoor storage of new cars on the premises of an automobile dealer.

(3) Storage of wastes. No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

(4) Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

K. Automotive service stations and vehicle repair shops. In addition to all other zoning standards, the following additional standards shall be applicable:

[Amended 5-20-2020 by Ord. No. 08-20]

(1) Location. No service station, gas station, vehicle repair shop or any vehicular access thereto shall be located within 200 feet of schools, playgrounds, churches, hospitals, public libraries and institutions for dependents or for children and senior citizen housing when located along the same road and on the same block.

(2) Vehicular access. Vehicular access to the above uses shall not be closer to the intersection of any two street lot lines than 50 feet, nor shall any such access be located within 25 feet of any boundary line of any residential zone.

(3) Location of appliances or pits. No service station, gas station or vehicle repair shop shall be permitted where any gasoline or oil pump, oil drainage pit or visible appliance for any such purpose is located within 30 feet of any front and side lot lines.

(4) Retail sales: The retail sale of food and other non-automotive related items is prohibited. Automotive service stations or gas stations operated in conjunction with a convenience store are prohibited.

L. Conversions in the RB-7 Zone. Conversions from one-family to two-family dwellings are permitted, provided that the following conditions are complied with:

(1) All minimum lot area requirements, minimum yard requirements and maximum bulk requirements established in the Schedule of Area, Bulk and Yard Requirements[3] for the RB-7 Zone are met.

[3] Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included as an attachment to this chapter.

(2) There shall be sufficient off-street parking facilities to meet the off-street parking standards as established in Chapter 57, Land Development.[4]

[4] Editor's Note: See also Art. IX, Off-Street Parking and Loading, of this chapter.

(3) There shall be at least 750 square feet of habitable dwelling space in each dwelling unit.

(4) There shall be at least two separate individual entrances for each dwelling unit directly to the outside and separate living, cooking and sanitary facilities as defined herein.

M. Private recreation uses with illumination.

[Added 2-14-1979 by Ord. No. 1-79; amended 8-17-2005 by Ord. No. 17-05]

(1) In all residence zones, private recreation uses, including but not limited to swimming pools and/or tennis courts, which are proposed to have aboveground illumination mounted at a height in excess of three feet shall be conditional uses requiring conditional use approval from the Planning Board. These conditional uses shall meet the following standards:

(a) Such illumination shall not operate before 7:00 a.m. or after 11:00 p.m., nor shall such illumination be operated when the recreational use is not in use.

(b) In order to prevent direct or indirect glare, all lighting fixtures for private recreation uses shall be designed and located so that no part of the light source is visible directly or indirectly from any adjoining property or public street.

(c) No light providing illumination for private recreation uses shall be mounted at a height above surrounding grade that exceeds 20 feet for tennis courts or 10 feet for all other uses. "Surrounding grade" shall mean the lower of the average existing grade within 10 feet of the fixture, prior to any regrading for purposes of compliance with this section, or the average proposed grade within 10 feet of the fixture.

(d) In order to prevent light trespass, all light fixtures used to provide illumination for private recreational uses shall be designed, located and constructed so that the maximum illumination from such sources at the property lines does not exceed 0.1 footcandle.

(e) No part of any private recreation use with illumination, and no light fixtures serving such use, shall be located within any minimum required front, side or rear yard.

(f) All private recreation uses with illumination shall be screened from adjoining properties by staggered rows of evergreen trees planted 10 feet on center and having a minimum height at planting of eight feet.

(2) Applications for conditional use approval under this section shall provide all information in the checklist attached to this subsection and titled "Private Recreation Use With Illumination Conditional Use Checklist."[5]

[5] Editor's Note: Said checklist is on file in the Township offices.

N. Supplementary apartments. Supplementary apartments shall be permitted conditional uses in all residence zones, provided that the supplementary apartment meets the following regulations:

[Added 2-22-1984 by Ord. No. 3-84]

(1) A site plan application shall be submitted to the Planning Board.

(2) One supplementary apartment shall be permitted only in a single-family detached dwelling existing at the time of passage of this chapter.

(3) The apartment shall have living and sleeping space, cooking facilities, a kitchen and complete sanitary facilities for the exclusive use of its occupants.

(4) The apartment shall consist of not less than two rooms, one of which shall be a bathroom containing a flush toilet, wash basin and bathroom tub or shower.

(5) All rooms shall be accessible from within the apartment.

(6) Both dwelling units shall be private and secure from one another.

(7) The apartment shall have a private, direct access to the outdoors or directly to a hall from which there is direct access to the outdoors without passing through any other dwelling unit.

(8) If the apartment is totally located on the third floor, there shall be at least two means of access, as defined by the State Uniform Construction Code, to the outdoors, as approved by the Construction Official.

(9) No apartment shall be located above the third floor.

(10) The net floor area of the supplementary apartment shall be at least 400 square feet, and no bedroom shall have a net floor area of less than 80 square feet.

(11) The apartment shall occupy no more than 1,000 square feet or 40% of the gross floor area of the principal structure, whichever is less. It shall only be permitted in the principal structure.

(12) At least one additional off-street parking space shall be provided for the supplementary apartment, in addition to the minimum required for single-family. Parking shall be located in the side or rear dwelling's yard or on an existing driveway.

(13) The owner of the principal structure shall maintain and reside in the principal structure or the apartment as his or her primary residence.

(14) Not more than one supplementary apartment shall be permitted on any lot.

(15) The lot shall conform to present zoning requirements.

(16) Any exterior changes made to the building shall be within the existing foundation.

(17) Prior to the construction of a supplementary apartment, there shall be secured a construction permit from the Construction Official. The Construction Official shall have issued a certification of occupancy prior to the apartment being occupied.

O. Wireless telecommunications facilities.

[Added 3-5-2003 by Ord. No. 2-03]

(1) Purpose. The purpose of this Subsection O is to:

(a) Regulate, as a conditional use, the location, placement, construction, use and modification of wireless telecommunications facilities as permitted by, and subject to the limitations of, Section 704 of the Telecommunications Act of 1996.

(b) Preserve and protect the visual environment within the Township of Morris.

(c) Require the removal of wireless telecommunications service facilities when no longer in use.

(d) Preserve and protect property values.

(e) Minimize the total number and height of wireless telecommunications towers within the Township of Morris.

(f) Mitigate, to the greatest extent practicable, by siting, screening and landscaping, the adverse visual impacts from WT towers, antennas and other facilities.

(g) Prevent adverse visual impacts from wireless communications towers, antennas and other facilities within areas zoned or used for residential purposes along public streets, within historic sites and districts, within public parks and along ridgelines and skylines.

(h) Eliminate safety hazards associated with wireless telecommunications towers and other facilities, including but not limited to attractive nuisances and risks of falling ice and other objects.

(2) General requirements.

(a) Zones where conditionally permitted. All WT facilities shall be conditional uses in the OL-40 and I-21 Zones. All WT facilities, except WT towers, shall be conditional uses in the OL-5, OL-15, and OS-GU Zones. Otherwise, WT facilities shall be prohibited in all zones.

(b) WT facilities permitted on lots with other principal uses. WT facilities may be located either on lots containing no other principal use or on lots that contain one or more separate principal uses.

(c) WT facilities expressly prohibited within residential zones and properties. WT facilities are expressly prohibited upon or within any lot used or zoned for residential purposes. Residential zones shall include zones permitting single-family, two-family, or multifamily residences, assisted-living residences, nursing homes, and/or residential health care facilities. Nothing in this subsection shall be interpreted as implied permission to locate WT facilities in any other location not expressly permitted by Subsection O(2)(a) above.

(d) Proof of necessity for WT facilities required. No WT facilities shall be erected, installed, constructed, moved, reconstructed or modified within the Township of Morris unless the applicant proves that such facility or activity is necessary to avoid unreasonable discrimination among providers of functionally equivalent WT services or prohibiting or having the effect of prohibiting the provision of WT services.

(e) Siting priorities for WT antennas. No WT antenna shall be installed, constructed, erected, moved, reconstructed or modified within the Township of Morris unless it complies with the siting priories of this subsection. Compliance with these siting priorities shall not relieve the applicant from its obligation to comply with all other applicable ordinance requirements.

[1] WT antennas shall be located only upon an existing building or structure owned by the Township of Morris within the OS-GU Zone unless the applicant demonstrates that compliance with this siting requirement would result in unreasonable discrimination among providers of functionally equivalent WT services or prohibiting or having the effect of prohibiting the provisions of WT services.

[2] If a WT antenna cannot be located in conformance with Subsection O(2)(e)[1] above, the antenna shall be located only upon an existing approved WT tower (regardless of ownership) within the OL-40 or I-21 Zone or upon an existing building or structure (regardless of ownership) upon which is mounted an existing, approved WT antenna within the OL-5, OL-15, OL-40, OS-GU or I-21 Zone, unless the applicant demonstrates that compliance with this siting requirement would result in unreasonable discrimination among providers of functionally equivalent WT services or prohibiting or having the effect of prohibiting the provision of WT services.

[a] If a WT antenna cannot be located in conformance with Subsection O(2)(e)[1] or [2] above, the antenna shall be located only upon an existing building or structure, not containing a WT antenna, within the OL-5, OL-15, OL-40, OS-GU or I-21 Zone, unless the applicant demonstrates that compliance with this siting requirement would result in unreasonable discrimination among providers of functionally equivalent WT services or prohibiting or having the effect of prohibiting the provision of WT services.

[b] If a WT antenna cannot be located in conformance with Subsection O(2)(e)[1] or [2][a] above, the antenna shall be located only upon a new tower within the OL-40 or I-21 Zone.

(f) Required lot area. No WT tower shall be installed or erected upon any lot having an area less than the minimum required lot area for the zone in which the lot is located. WT towers are conditionally permitted only in the OL-40 and I-21 Zones.

(g) Setback requirements for WT facilities. In the OS-GU Zone, WT facilities shall be located in compliance with minimum setback requirements of the RA-130 Zone. In all other zones, WT facilities shall be located in compliance with the minimum setback requirements of the zone in which they are located.

(h) Additional setback and location requirements for WT towers. WT towers shall only be located within the rear yard of developed lots or within the rear half of the building envelope of undeveloped lots. In the I-21 Zone, for each two feet of tower height above the zone district maximum, one additional foot of yard setback shall be provided for the tower from all side and rear property lines.

(i) Housing of WT equipment. All WT equipment shall be located within an enclosed building, equipment cabinet or other structure.

(3) Additional requirements for WT antennas. WT antennas shall meet the following additional requirements:

(a) All WT antennas on towers shall be flush mounted. Platform-mounted and sidearm antennas are expressly prohibited on WT towers.

(b) WT antennas mounted on a WT tower shall not exceed the height of such tower.

(c) WT antennas shall be constructed, finished, painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with their background and so as minimize their visual impact on surrounding properties.

(4) Additional requirements for WT towers. WT towers shall meet the following additional requirements:

(a) No WT tower shall exceed the maximum permitted height in the zone in which it is located unless the applicant establishes that the additional height requested is necessary to avoid unreasonable discrimination among providers of functionally equivalent WT services or prohibiting or having the effect of prohibiting the provision of WT services.

(b) No WT tower shall exceed a height of 120 feet.

(c) Unless technologically infeasible, WT towers shall be designed to permit co-location of WT antennas for not less than three WT service providers.

(d) Notwithstanding the requirements of, Subsection O(4)(b) above, WT towers shall be limited to the height necessary for the provision of WT services by the WT service provider(s) who, at the time a construction permit issues for the tower, own or will own the tower and hold a valid written lease to use the tower for the purpose of providing WT services. Where necessary to meet this requirement, the WT tower shall be designed to permit construction of the tower in phases and to permit the extension of tower height as additional WT service providers lease space on the tower.

(e) WT towers shall be limited to monopole designs, including flagpoles. Lattice and guyed towers of any kind are expressly prohibited.

(f) No WT tower shall be lighted, except for lights required by regulations of the Federal Aviation Administration (FAA).

(g) No sign, display or advertisement of any kind shall be mounted, erected or placed on any WT tower unless the applicant demonstrates that such sign, display or advertisement is required by law. Any such sign, display or advertisement shall be restricted to the minimum size required by such law.

(h) WT towers shall be constructed of standard dull-finished galvanized steel unless the reviewing board determines, in its discretion, that, due to special site circumstances, alternate camouflage methods will better minimize the visual impact of the tower.

(5) WT compounds; height of WT facilities other than antennas and towers. All WT facilities shall be contained within a WT compound meeting the following requirements:

(a) WT compounds shall be enclosed within a locked security fence at least six feet in height. The security fence shall be wood or vinyl-coated chain link. Razor ribbon and/or barbed wire fences are prohibited. The requirements of this subsection shall not apply where WT facilities are mounted on a building or structure containing a second principal use.

(b) Landscaping shall be provided along the perimeter of all fenced WT compounds to provide, at the time of planting and thereafter, a solid visual barrier between the WT compound and adjoining properties and public right-of-way. Required front yard setback areas shall also be appropriately landscaped for the same purpose. All WT equipment compounds shall be screened by double-staggered rows of evergreen trees eight feet or more in height at time of planting and a slatted chain-link or board-on-board fence or another combination of screening materials that is acceptable to and approved by the reviewing board.

(c) No WT facilities, except antennas and/or towers, shall exceed 12 feet in height. The height of ground-mounted WT facilities shall be measured from average surrounding grade within five feet of the perimeter of the facility. The height of roof-mounted WT facilities shall be measured from the top of the roof surface. All roof-mounted WT facilities shall be screened in a manner approved by the Planning Board.

(d) Any emergency generator serving wireless telecommunications facilities shall be located within a WT compound. Wireless telecommunications facilities shall not be powered by generators on a regular, nonemergency basis.

[Amended 4-16-2014 by Ord. No. 8-14]

(6) Screening and landscaping. No WT facilities shall be approved unless the applicant demonstrates that all reasonable efforts have been employed to camouflage and minimize the visual impact of the WT facilities in accordance with the following standards:

(a) WT facilities shall be located and oriented on the site in a manner that creates the least visual impact on residential areas and public rights-of-way located within the area from which the WT facilities may be seen (referred to herein as the "WT facilities viewshed" or simply the "viewshed"). To satisfy this standard, the applicant must analyze all potential visual impacts within the viewshed.

(b) When viewed from residential areas and/or public rights-of-way within the viewshed, WT facilities shall not be visually solitary or prominent. Vegetation, topographic features, and/or natural or man-made structures shall be employed to obscure view of the WT facilities from these areas to the maximum extent feasible.

(c) Historic districts, historic sights and historically significant viewscapes, streetscapes and/or landscapes (referred to herein collectively as "historic areas") shall be protected from visual impacts of WT facilities in accordance with the requirements of the National Environmental Policy Act (NEPA). No WT facilities shall be approved unless the applicant demonstrates that such facilities will have no adverse visual impact upon historic areas.

(7) Access and parking requirements. All WT facilities shall be served by an on-site access driveway, a turnaround suitable for fire trucks and other emergency vehicles and a parking area to accommodate at least one vehicle. The access driveway, turnaround and parking area shall be paved unless the reviewing board determines that paving is not necessary to provide adequate emergency and service access to the WT facilities. In meeting the requirements of this subsection, existing driveways, turnaround areas and parking areas shall be used to the maximum extent practicable in order to avoid unnecessary impervious coverage.

(8) Application requirements. Applications for development of WT facilities shall include all materials required for submission of a complete application for preliminary and final site plan approval and all materials required by the checklist for conditional use approval of wireless telecommunications facilities, which is attached to this chapter as Exhibit A and is made a part hereof.[6]

[6] Editor's Note: Exhibit A, Checklist for Application for Wireless Telecommunications Facilities, is included as an attachment to this chapter.

(9) Experts.

(a) The reviewing board shall retain a qualified radio frequency engineer to review all application materials and expert testimony submitted or presented by the applicant in connection with every application for development of WT facilities; the cost of such engineer shall be paid by the applicant from the applicant's escrow account.

(b) The applicant shall present expert testimony from a qualified radio frequency engineer demonstrating that the proposed WT facilities are necessary to enable the applicant to provide personal wireless services in conformance with its FCC license and that the siting priority requirements of Subsection O(2)(e) have been fully met.

(10) Proof of continuing compliance with radio frequency emissions limits. Every operator of any WT facility within the Township of Morris shall operate such facility at all times in compliance with FCC and NJDEP radio frequency exposure limits. On demand, the WT facilities owner shall submit to the Township Engineer competent documentary proof of such continuing compliance.

(11) Compliance with Uniform Construction Code. All WT facilities shall be constructed and installed in conformance with all applicable requirements of the New Jersey Uniform Construction Code.

(12) Removal of WT facilities. WT facilities that have not been used for their intended purpose for a period of six consecutive months shall be removed at the cost and expense of the owner of the facilities.[7]

[7] Editor's Note: Original § 95-37P, Continuing care retirement community, of the 1969 Code, added 8-14-2002 by Ord. No. 16-02, as amended, which immediately followed this subsection, was repealed 6-17-2009 by Ord. No. 10-09.

P. Public and private schools.

[Added 10-21-2020 by Ord. No. 20-20]

(1) Minimum lot area:

(a) Elementary: 10 acres.

(b) Middle: 20 acres.

(c) High: 30 acres.

(2) Maximum building coverage: 15%.

(3) Maximum impervious coverage: 60%.

(4) Minimum front yard setback: 50 feet.

(5) Minimum side yard setback: 40 feet.

(6) Minimum rear yard setback: 100 feet.

(7) Maximum building height: the greater of 35 feet or 2 1/2 stories.

(8) Vehicular access shall be provided from roads other than local streets in accordance with the roadway classifications in the Circulation Element of the Master Plan.