This article is adopted pursuant to N.J.S.A. 40:55D-62 and in
order to effectuate the Vernon Township Master Plan dated December
1995. It has been drawn with consideration to the character of each
district and the suitability of each district for particular uses,
and to encourage the most appropriate use of land. The regulations
contained in this article are intended to and shall be applied uniformly
throughout each district for each class or kind of buildings or other
structures or uses of land.
As a condition of any approval or permit which is required pursuant
to this article, no taxes or assessments for local improvements shall
be due or delinquent on the property for which any application is
made pursuant to this article.
Any use not specifically permitted in a zoning district established
by this article shall be and is hereby expressly prohibited from such
district.
[Amended 12-13-1999 by Ord. No. 99-27; 6-26-2000 by Ord. No. 00-21; 3-1-2004 by Ord. No. 04-04]
For purposes of this article, the Township of Vernon shall be
and is hereby divided into the following zoning districts:
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R-1
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Single-Family Residential
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R-2
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Single-Family Residential
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R-3
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Single-Family Residential
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R-4
|
Single-Family Residential
|
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PLC
|
Private Lake Community Residential
|
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PLLC
|
Private Leasehold Lake Community
|
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SR
|
Seasonal Recreation
|
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MR
|
Mountain Resort
[Amended 7-10-2006 by Ord. No. 06-21] |
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SBCZ
|
Stream Buffer Conservation Overlay Zone
|
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CR
|
Commercial Recreation
|
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C-1
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Neighborhood Commercial
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C-2
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General Business
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C-3
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Office - Commercial
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TC
|
Town Center Commercial
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LI
|
Light Industry
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AET
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Agri-Eco Tourism
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CON
|
Conservation
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MTC
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Mountain Conservation
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P
|
Public Land
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[Amended 12-13-1999 by Ord. No. 99-27; 7-10-2006 by Ord. No. 06-21; 2-26-2009 by Ord. No. 09-04; 3-25-2013 by Ord. No. 13-04; 7-14-14 by Ord. No. 2014-10; 10-16-14 by Ord. No. 2014-18; 3-23-15 by Ord.
No. 2015-01; 6-27-2016 by Ord. No. 2016-14; 3-27-2017 by Ord. No. 2017-03]
A.
The zoning map comprised of three pages as follows: page 1, entitled, "Zoning Map," prepared by Vernon Township, dated March 23, 2015 and amended from time to time by ordinance of the Township Council; page 2, entitled, "Highlands Preservation Area Overlay Zones" dated May 15, 2014; and page 3, entitled, "Highlands Preservation Area Map Insets" dated May 15, 2014; are hereby adopted as the Official Zoning Map of the Township of Vernon, New Jersey, and the same shall be and is hereby made a part of this article and may be found at the end of this chapter. The Highlands Preservation Area regulations can be found at Section 330, Article XIX, Highlands Preservation Area Land Use Ordinance.
Editor's Note: See Appendix A for Redevelopment Plans; Redevelopment
Ordinances and Special Zoning Districts.
The zoning district boundary lines shown on the Zoning Map are
intended to coincide with property lines, the center lines of streets,
easements, railroads or drainage courses as they exist at the time
of the adoption of this article, or as they are designated on the
Zoning Map by figures or dimensions. In case of uncertainty as to
the location of any zone boundary line, the determination thereof
shall be made by the Zoning Board of Adjustment.
[Amended 7-26-2021 by Ord. No. 21-16; 9-13-2021 by Ord. No. 21-25]
A.
The schedule
entitled "Schedule A, Permitted, Conditional and Accessory Uses, Township
of Vernon, Sussex County, New Jersey," dated December 1, 1997,[1] as amended, shall be and is hereby made part of this article.
(Editor's Note: Ordinance amendments for Schedule A may be found with
the schedule at the end of this chapter.)
[1]
Editor's Note: Schedule A, Permitted, Conditional and Accessory Uses, is included at the end of this chapter.
B.
Cannabis
retailers within the Township of Vernon.
[Added 9-13-2021 by Ord. No. 21-25]
(1)
Cannabis
Retailer shall be a conditional use in all commercial and retail zones
and subject to the regulations outlined in § 330- 186.
(2)
Medical
cannabis dispensaries as defined by N.J.S.A. 24:6I-3 within Township
of Vernon. Medical cannabis dispensaries shall be a conditional use
in all commercial and retail zones. There shall be no more than three
in total of the following within the Township of Vernon:
C.
No more
than three of each of the following uses shall be permitted in the
Light Industrial Zone: cannabis cultivator, cannabis delivery, cannabis
manufacturer, cannabis wholesaler, and cannabis distributor. Additionally,
no more than two cannabis cultivators shall also be permitted in the
McAfee Village Mixed Use Zone and in the R-2 Zone for any farmland
assessed property on the northbound side of County Road 517.
[Added 7-26-2021 by Ord. No. 21-16]
[Amended 12-13-1999 by Ord. No. 99-27]
The schedule entitled "Schedule B, Zoning Requirements, Township
of Vernon, Sussex County, New Jersey," dated September 1, 1997, as
amended, shall be and is hereby made a part of this article.
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
A.
This article shall be enforced by the administrative officer appointed
by the governing body to perform the duties of the Zoning Officer.
B.
No land shall be occupied and no building or structure or part thereof
shall be erected, constructed, reconstructed, structurally altered
or moved until a zoning permit has been issued by the Zoning Officer.
C.
No zoning permit shall be issued for the erection, construction,
reconstruction, structural alteration or moving of any building or
structure or part thereof unless the plans and intended use for the
same indicate that such building or structure is designed and intended
to conform in all respects to the provisions of this article.
D.
The Zoning Officer shall be and is hereby authorized to revoke any
zoning permit if it is found that actual conditions or construction
do not adhere either to the plans or specifications submitted to the
Zoning Officer or to any other applicable municipal, county or state
laws or regulations pertaining to the use or development of lands.
E.
The zoning permit shall specify the use of land or a building in
any circumstances or conditions imposed by any public agency, code,
or regulations. Any change in use, including a change from one permitted
use to another kind of permitted use in the same zone, or any additional
use, shall be treated as a new use, and a new zoning permit shall
be required. Prior to the issuance of a zoning permit for said change
in use, all provisions of this article shall be satisfied in the same
manner as if the proposed use were a new structure or a new use of
land.
F.
A record of all zoning permits shall be maintained on file in the
office of the Zoning Officer, and copies thereof shall be furnished
upon request to any person having a proprietary, contract or leasehold
interest in the building or land affected.
G.
It shall be the duty of the Zoning Officer to investigate any violations
of this article coming to such officer's attention whether by complaint
or arising from personal knowledge of the Zoning Officer. If a violation
is found to exist, the official shall take such action as appears
appropriate under the circumstances.
No land or premises shall be used and no building or structure
shall be erected, raised, moved, extended, enlarged, expanded, altered
or used for any purpose other than a purpose expressly permitted herein
for the zone district in which such use is or is to be located, and
all construction shall be in conformity with the regulations provided
for such zone district.
[Amended 7-26-2021 by Ord. No. 21-16]
No product shall be sold or displayed, nor shall any service be rendered in any zone, which is offensive or abhorrent to prevailing concepts of morality and decency in the context of a carefully zoned and planned community, except as permitted pursuant to Chapter 330 of the Vernon Township Land Development Code.
This article shall be interpreted with primary regard to the
fundamental purpose(s) for which the provisions herein were adopted.
The sense of any regulation contained herein is to be gathered from
its object, the nature of its subject matter, the context of its setting,
the degree to which the provision serves to implement the Master Plan,
and the reading of the provisions contained herein in pari materia.
Where a literal reading will lead to a result not in accord with the
essential purpose and design of this article, the spirit of this article
will control the letter. Wherever it is apparent that the drafters
of this article or the governing body did not consider or contemplate
a specific situation, the circumstances shall be interpreted consonant
with the probable intent of the drafters and governing body had they
anticipated the situation at hand. Specific provisions in this article
shall take precedence over general provisions. To the greatest practicable
extent, the provisions contained herein, particularly when dealing
with the same subject matter, shall be read or construed together
as forming one regulation. This article is to receive a reasonable
construction and be liberally construed in favor of the Township of
Vernon. This article shall be given a reasonable construction and
application to serve the apparent purpose of the article, and the
plain meaning of the language contained herein shall be construed
according to the ordinary meanings of the words and phrases contained
herein.
Any lot or plat as recorded at the time of passage of this article
that fails to comply with the minimum requirements of this article
may be used for any use not otherwise prohibited in such district
in which it lies, provided that:
A.
Said lot is in single ownership as defined in this chapter;
B.
All yard requirements are met, except that where the lot width is
less than the requirements for same within the zone district, side
yards may be reduced by the percentage that the lot width bears to
the zone district requirements; provided, further, however, that no
side yard shall be reduced to less than 1/2 the required side yard.
When a new lot or lots are to be formed from part of a parcel of land, the subdivision must be effected in such a manner as not to impair any of the provisions of this article, without limitation, however, to any of the requirements of Article VII or VIII. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure.
Unless otherwise expressly provided herein, all yards, open
space and off-street parking shall be contained on the lot and within
the zone district in which the use is located or proposed.
No lot, yard, parking area or other space shall be so reduced
in area or dimension as to make such area or dimension less than the
minimum required under this article. If already less than the minimum
required under this article, such area or dimension shall not be further
reduced.
Only one principal building may be erected on a lot except for
related buildings forming one principal use in the same ownership,
and limited to the following:
A.
Public or institutional building complexes.
B.
Research, light industrial, office or retail shopping complexes,
or complexes involving mixed office and retail use.
C.
Multifamily dwelling complexes.
D.
Principal buildings owned by and as part of a club, community association
or similar organization in a PLC District.
E.
Buildings and uses in a planned development.
F.
Combined uses in the TC Town Center District.
G.
Combined uses and buildings in the CR Commercial Recreation District.
[Amended 12-13-1999 by Ord. No. 99-27]
H.
No principal building shall be located closer to another principal
building than the height of the taller building.
I.
Buildings and structures located in the PLLC Zone District.
[Added 12-13-1999 by Ord.
No. 99-27]
Except as may be otherwise provided in this article, buildings
and structures which are accessory to a principal use or building
are permitted in all zones and as provided herein. Any such accessory
building or structure must be customarily incident and subordinate
to the principal use of the land or building, located on the same
lot containing the principal use and building(s), and comply with
the requirements of Schedule C, the contents of which are incorporated
herein.[1] To the extent that the particular standards of this section
depart from those contained in Schedule C, the standards of this section
shall prevail and control.
A.
Accessory buildings in residential districts.
(1)
No accessory building shall exceed a height of 15 feet except
for accessory buildings used in connection with farming operations,
which shall not exceed a height of 35 feet.
(2)
No accessory building shall be located closer than 10 feet to
any other building.
(3)
No accessory building shall be located closer to a right-of-way
line than the principal building except on corner lots, through lots
and except on a farm; and except a gazebo not disproportionate to
the size of the lot or the principal building and provided a front
yard setback equal to the prescribed side yard setback for the corresponding
zone is maintained. On corner lots and through lots, accessory buildings
other than a gazebo as aforesaid shall not be located closer to a
street than the minimum front yard requirements for the district.
[Amended 1-28-2002 by Ord. No. 02-04]
(4)
Unless otherwise provided in Schedule C, an accessory building
located in a side yard shall not lie closer to a side lot line than
the minimum side yard setback requirement for a principal building.
A farm building or an accessory building used on a farm shall not
lie closer to a side lot line than the height of the building or the
minimum side yard setback for a principal building in the zone, whichever
is greater.
(5)
Unless otherwise provided in Schedule C, an accessory building
located in a rear yard shall not be located closer than five feet
to a side or rear lot line. A farm building or an accessory building
used on a farm shall not be closer to a property line than the height
of the building or the minimum side yard setback requirement for a
principal building in the zone, whichever is greater.
(6)
No accessory building shall occupy more than 25% of the rear
yard area.
(7)
There shall not be more than two accessory buildings on a lot,
except on a farm and excepting a gazebo not disproportionate to the
size of the lot or the principal building and provided a front yard
setback equal to the prescribed side yard setback for the corresponding
zone is maintained.
(8)
Excepting stone walls, trellises, arbors, planters and similar structures commonly associated with landscaping and gardens, and excepting a driveway and up to two accessory buildings as regulated in Subsection A(7) of this section, there shall be not more than two accessory structures on any lot except on a farm.
(9)
No accessory building in any district shall have a footprint
which is greater than 60% of the footprint of the principal building,
except on a farm. The total of the footprint of all accessory structures
in a residential district shall not exceed 1,000 square feet or 60%
of the footprint of the principal structure, whichever is less, except
on a farm. No accessory building in a residential district shall be
allowed to be otherwise disproportionate in height, size or area to
the building and use to which it is accessory.
[Amended 1-28-2002 by Ord. No. 02-04]
B.
Accessory buildings in nonresidential districts. Accessory buildings
in nonresidential districts shall meet all the requirements applicable
to principal buildings, unless otherwise provided in Schedule C.
[1]
Editor's Note: Schedule C, Setback Requirements for Accessory Structures, is included at the end of this chapter.
Every lot must provide front, rear and side yards as required
for its respective district. All front yards must face a dedicated
public street or an improved private street approved by the Planning
Board.
A.
Where a lot is situated between two lots, each of which is developed
with a principal building which has a nonconforming front yard setback,
the minimum front yard setback requirement for such lot may be the
average of the front yards supplied with respect to the existing nonconforming
buildings on the said adjacent lots.
B.
Where a lot adjoins one lot developed as described above and a vacant
lot, the minimum front yard setback requirement for such lot may be
the average of the nonconforming front yard setback of the developed
lot and the required front yard setback for the zone.
C.
Where in any given block there exists a prevailing uniformity in
the alignment and setback of existing buildings in which the front
yard setbacks are greater or less than required, then, in that event,
any new building in such block shall conform to such established alignment
and setback.
[Amended 1-28-2002 by Ord. No. 02-04]
Where a lot is bounded by more than one street or is a corner
lot or through lot as defined in this chapter, the front yard setback
requirements for the zone shall be satisfied with respect to each
abutting street. In an application for an approval or a permit concerning
any such lot, the owner shall declare and the Board or Zoning Officer
shall approve the front of the lot, which shall be consistent with
the direction the building faces. The yard opposite the front of the
lot shall be considered the rear yard for purposes of this article
and establishment of the minimum rear yard requirement.
Chimneys, spires, steeples, belfries, cupolas and similar architectural
features and ornaments shall be exempt from the building height restrictions
contained in Schedule B,[1] provided they are normally appurtenant to a building.
Mechanical equipment such as HVAC equipment and other roof-mounted
and appurtenant equipment and spaces such as elevator elements shall
also be exempt, provided they are adequately and appropriately screened
pursuant to this chapter.
[1]
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
Whenever provision for additional street width is sought and
obtained by the Township of Vernon, County of Sussex or State of New
Jersey for present or future road improvement by purchase, donation,
dedication, condemnation or other legal means, the required minimum
lot area of an existing lot shall be reduced by the same area to be
conveyed to the Township, county or state as aforesaid.
[Added 12-13-1999 by Ord.
No. 99-27]
For properties in the R-3 Zone, decks and porches may extend
into the rear yard setback area, provided that at least 25 feet is
maintained between the deck or porch and the rear property line and
that the porch is not screened in or enclosed.
A.
Purpose. These restrictions are intended to prevent the proliferation
of fences, particularly closed or solid privacy fences, which might
tend to uncommonly divide, interrupt and clutter the landscape of
the Township's neighborhoods. However, these provisions also recognize
that certain fencing can accomplish certain zoning objectives under
appropriate circumstances.
B.
Classifications. Fences shall be generally classified as follows:
(1)
Open (split-rail, contemporary rail and similar fencing) in
which 75% or more of the composition is open.
(2)
Semi-open (spaced picket fences, etc.), of which 25% to 75%
of the composition is open.
(3)
Closed or solid privacy (stockade, solid picket, board, board-and-batten,
board-on-board, louver panel, staggered board, panel) of which less
than 25% of the composition is open or appears open.
C.
General principles and restrictions.
(1)
Wherever possible, natural screening shall be used to achieve
privacy. However, where a privacy fence appears to offer a better
alternative than the absence of such fence or natural screening due
to circumstances involving the characteristics of the affected properties,
fences conforming to this section shall be permitted.
(2)
The finished side of all fence surfaces shall face adjacent
properties.
(3)
No fence shall be erected of barbed wire or similar harmful
elements, nor constructed in any manner which might be dangerous to
persons or animals, except that this restriction shall not apply to
farms.
(4)
No fence or wall shall be erected in a prescribed sight triangle.
(5)
No fence anywhere in a front yard, including a fence running
along or approximately parallel to a side lot line within a front
yard, shall be more than four feet high nor shall it be less than
50% open. On a through lot, this subsection shall apply to all yards
which abut a street.
[Amended 1-28-2002 by Ord. No. 02-04]
(6)
No fence, running substantially along a rear lot line, or approximately
parallel thereto, or otherwise in a rear yard, shall exceed six feet
in height measured from average grade corresponding to each eight-foot
section of fencing. If such fence has decorative scalloped panels
or pickets along its upper edge, height may be measured to the lowest
point of such edge, thus allowing posts and corresponding elements
to exceed the height limitation of this subsection, but in no event
by more than one foot. Where a rear yard or side yard of a corner
lot abuts a side lot line and front yard of an adjacent lot, then
in no event shall a fence in such rear or side yard on the corner
lot exceed four feet in height or be less than 50% open for such portion
thereof which lies parallel to or otherwise substantially alongside
the front yard of the adjacent lot.
(7)
No fence or wall shall be so constructed or installed as to
constitute a traffic or other hazard.
(8)
All fencing other than a stone fence or stone (or masonry) wall
shall be constructed of wood or a material that is relatively indistinguishable
from wood.
(9)
Walls of masonry or natural stone, such as New England drywalls
and rows of fieldstone, shall not exceed a height of four feet.
(10)
All fences required to be associated with swimming pools per
BOCA shall be constructed and erected as provided therein, subject
to this section.
(11)
Without limitation hereto, the following fences and fencing
materials are specifically prohibited:
(a)
Barbed wire or other hazardous construction or material.
(b)
Canvas, fabric or cloth fences.
(c)
Electrically charged fences.
(d)
Poultry fences or "turkey wire"; except that so-called "chicken
wire" and similar thin gauge-wire mesh fence material may be used
in conjunction with rail and similar open or semi-open fences.
(e)
Temporary fences, such as snow or silt fences, except as the
latter may be necessary during development or other approved land
disturbance.
(12)
Any fence, wall or similar structure as well as shrubbery screening
which substantially cuts off light or air or which may cause a nuisance,
dangerous condition, or a substantial fire-fighting impediment shall
be prohibited.
(13)
Subsection C(6) notwithstanding, chain link fencing may be substituted for wood or simulated wood fencing for safety, a dog run, or other appropriate reason; provided, however, that the closed loop edge shall be at the top, the fencing shall be finished in black or dark green color, and no part of such fencing shall lie within a front yard.
D.
Retaining walls. (Reserved)
[Amended 10-14-1999 by Ord. No. 99-15; 12-13-1999 by Ord. No. 99-27]
A.
A "swimming pool" is defined as a water-filled enclosure, permanently
constructed or portable, having a depth of more than 18 inches below
the level of the surrounding ground, or an above-surface pool having
a depth of more than 30 inches, designed, used and maintained for
swimming and bathing.
B.
All private swimming pools shall be located only in a rear yard,
except that where a lot is a corner lot, a lot otherwise abutting
more than one street, or a lot without a rear yard, a private swimming
pool may be located in a yard other than a front yard, provided that
the pool and its appurtenances, including a fence or other enclosure,
is screened by densely planted evergreen vegetation, having a height
of not less than the fence or enclosure, along its visible length
as revealed to any street. All private swimming pools shall comply
with the regulations of the Uniform Construction Code with respect
to but not limited to safety enclosures, together with the requirements
of Schedule C.
Editor's Note: Schedule C, Setback Requirements for Accessory Structures, is included at the end of this chapter.
[Added 12-22-1997 by Ord.
No. 97-16; amended 12-13-1999 by Ord. No. 99-27; 1-28-2002 by Ord. No. 02-04; 11-12-2009 by Ord. No. 09-24; 11-14-11 by Ord. No. 11-24. Repealed and replaced 5-14-2012 by Ord. No. 12-05]
A.
SIGN
AREA OF A SIGN
A-FRAME (SANDWICH) SIGN
AWNING SIGN-CANOPY SIGN
BANNER
BILLBOARD SIGN
CHANGEABLE COPY SIGN
DIRECTIONAL SIGN
DIRECTORY SIGN
FACADE
FLAG
FREESTANDING SIGN
GARAGE SALE
GATED COMMUNITY
GRAFFITI SIGN
GROUND SIGN
HISTORICAL (MEMORIAL) SIGN
ILLUMINATED SIGN
INDUSTRIAL PARK
INFORMATIONAL SIGN
MAINTENANCE / SERVICE SIGNS (a/k/a lawn signs or yard signs
- includes but is not limited to landscaping, lawn service, paving,
driveway sealing and/or repair)
MARQUEE
NAMEPLATE
NONCONFORMING SIGN
OFFICIAL SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
PEDESTAL SIGN
PENNANT
POLITICAL SIGN
PRIVATE COMMUNITY
PROFESSIONAL SIGN
PROJECTING SIGN
PYLON (OR POLE) SIGN
REAL ESTATE SIGN
REVOLVING SIGN
ROOF SIGN
SANDWICH (A-FRAME) SIGN
SCROLLING SIGN
SECURITY SIGN
SIGN FACE
SIGN PERMIT
SPECIAL EVENT
STANCHIOHN
STREAMERS
STRIP MALL (a/k/a Shopping Plaza or Mini-Mall)
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
Definitions.
Any device used to attract the attention of the public for
advertising purposes or message conveyance. The word sign includes
letters, figures, drawings, lines, trademarks, photographs, and other
markings encompassed within the area of the sign.
The area of a sign shall be computed by multiplying the greatest
vertical dimension by the greatest horizontal dimension of the sign
space. The framing or edging of the sign shall be considered part
of the sign area. The total area, including both faces of a double-faced
sign is included, but for calculating maximum area permitted, the
area of only one face of a double-faced sign is counted toward the
maximum area permitted.
Temporary signs placed upon the property for the purpose
of advertising items sold or services supplied.
Roof-like covering extending over a walkway, sidewalk or
exterior place supported by a frame attached to a building and/or
ground with a surface made of fabric or more rigid material and either
retractable or fixed in place, covered by any lettering, logo, or
other characters, symbols or figures.
Any temporary sign printed or displayed upon cloth or other
flexible material.
A sign which directs attention to a business, commodity,
service, entertainment, or attraction that is sold, offered or existing
elsewhere than upon the same lot where such sign is displayed. The
term shall include an outdoor advertising sign (vehicle, billboard,
trailer, and utility pole).
A variable message sign composed of individual letters panel-mounted
in or on a track system.
A sign of noncommercial nature which directs the reader to
the location of public or educational institutions, historical structures,
historical areas, public parks, or public buildings.
A sign which directs attention to a business conducted on
the premises, or to a product sold or service supplied by such business.
Principal faces of a building, and is generally one side
of the exterior of a building, especially the front, but also sometimes
the sides and rear. In architecture, the facade of a building is often
the most important from a design standpoint, as it sets the tone for
the rest of the building.
A piece of cloth, varying in size, shape, color, and design,
usually attached at one edge to a staff or cord, and used as the symbol
of a nation, state, or organization, as a means of signaling, etc.
See Ground Sign.
A temporary sign placed upon the property for the purpose
of advertising to the public the outdoor sale of used personal or
household items held on the seller's premises.
A form of residential community containing strictly controlled
entrances for pedestrians, bicycles, and automobiles, and sometimes
characterized by a closed perimeter of walls and fences. Gated communities
usually consist of small residential streets and include various amenities.
For smaller communities this may be only a park or other common area.
The name for images, markings, initials, slogans, or lettering
that is scratched, scrawled, painted, or marked in any manner on property.
Any nonmovable sign not affixed to a building, but excluding
"Pylon Sign." A sign which is supported by 2 or more upright or braces
in or upon the ground.
A sign, tablet, or plaque memorializing a person, event,
structure, or site.
Any sign having a source of light for illumination either
externally or internally, or a combination of both.
An area zoned and planned for the purpose of industrial development.
An on-site sign commonly associated with, but not limited
to, information and directions necessary or convenient for visitors
coming on the property, including signs, marking entrances and exits,
parking areas, circulation direction, rest rooms, and pickup and delivery.
Small signs placed on lawns are most often rectangular.
A permanent roof-like shelter extending from parts or all
of a building face; most commonly a structure placed over the entrance
to a hotel, theatre, or store. It has signage stating the name of
the establishment or, in the case of theatres, the play or movie and
the artist(s) appearing at that venue. The marquee is often identifiable
by a surrounding cache of light bulbs.
A sign located on the premises giving the name or address,
or both, of the owner or occupant of the building or premises.
Any sign which exists, but does not meet the requirement
of this section.
Any sign erected and maintained by a federal, state, county,
or local government agency for public purposes.
A sign which directs attention to a business, commodity,
service, entertainment, or attraction that is sold, offered or existing
elsewhere than upon the same lot where such sign is displayed. The
term off-site shall include an outdoor advertising sign (vehicle,
billboard, trailer, and utility pole).
A communication device whose message and design relates to
a business, an event, goods, profession or service being conducted,
sold or offered on the same property as where the sign is erected.
A sign that is mounted on a freestanding pole, post, or other
support so that the bottom edge of the sign is 3 to 18 inches above
grade.
A long, tapering flag or burgee of distinctive form and special
significance, used in signaling or for identification.
A temporary sign related to any political event, issue, or
campaign.
A residential community that can be an association or a proprietary
organization. Associations can include condominiums, residential associations,
or cooperatives.
A sign listing only the name and profession of the practitioner.
A sign which is affixed to any building and projecting beyond
the building wall or parts thereof, structure, building line or property
line, but which is not constructed or erected so as to extend above
the roofline of the structure to which it is affixed.
A sign in the form of a tower or pier that is mounted on
a freestanding pole, post, or other support.
A temporary sign placed upon the property for the purpose
of advertising to the public the sale or lease of said property.
A sign which moves in any manner by mechanical means.
A sign erected, constructed, and maintained on or above the
roof of any building or structure. Decorative façade is not
considered a roof if it is affixed to but separate from the main building
structure and serves an aesthetic purpose only.
Temporary signs placed upon the property for the purpose
of advertising items sold or services supplied.
The continuous movement of information either vertically
or horizontally on a screen.
Information sign containing a representation of certain security-related
information.
The area of a sign on which copy is intended to be placed.
A document obtained from the Zoning Official upon payment
of required fees, if applicable, granting permission to erect the
sign described therein.
Is one that helps a business or group meet a specific marketing
objective—to increase awareness, build goodwill, introduce a
new product, or simply to entertain. Special event signs are used
to inform and to promote the event, remind attendees about the purpose
of the event, etc.
An upright bar or post, often providing support for some
other object.
An ensign, flag, or pennant, which floats in the wind; specifically,
a long, narrow, ribbon like flag.
An open area shopping center where the stores are arranged
in a row, with a sidewalk in front. Strip malls are typically developed
as a unit and have large parking lots in front. They face major traffic
arterials and tend to be self-contained with few pedestrian connections
to surrounding neighborhoods.
A sign or advertising display constructed of cloth, canvas,
fabric, wood, plastic, paper, or other light material and designed
or intended to be displayed for a short period of time.
A sign which is affixed to or painted on an exterior wall
of any building, Such signs shall project not more than 12 inches
from the building wall or parts thereof. No wall sign shall be constructed
or erected above the roofline of the structure to which it is affixed.
A sign which is affixed to the inside of any window, or glass
portion of any door.
B.
Maintenance of Signs. All signs, together with their supports, braces,
guys and anchors, shall be kept in good repair. All signs shall be
so maintained that their appearance is in keeping with the standards
of Vernon Township and does not constitute a blighting factor for
adjoining property owners.
C.
Construction.
(1)
No sign shall be erected, constructed, or maintained so as to
obstruct any fire escape, or any window, door, or opening used as
a means of egress or for firefighting purposes, or so as to prevent
free passage from one part of a roof to any other part thereof.
(2)
No sign shall be erected or placed so as to obstruct sight distance
or obstruct pedestrian access.
D.
Prohibited signs. All signs not expressly permitted pursuant to this
section shall be prohibited. Without limitation thereto, the following
shall be prohibited:
(1)
String banners, string flags, aluminum ribbons or similar attention-getting
devices, except as a temporary sign, e.g. "Grand Opening."
(2)
Illuminated signs which flash, spell, or display any portion
intermittently.
(3)
Roof signs.
(4)
Signs which are menaces to public safety or which obstruct the
views of any street, intersection, or crosswalk.
(5)
Signs placed on public sidewalks or rights-of-way.
(6)
Revolving, rotating, or moving signs.
(7)
Erecting a sign less or more distant from the lot line or edge
of pavement than prescribed by this section.
(8)
Signs that extend above the roof line of the structure to which
it is affixed.
(9)
Temporary signs which are illuminated.
(10)
Billboards.
(11)
Any flashing, moving, or animated, or sequentially lighted signs.
(12)
Any sign whose lighting or central mechanism causes radio or
television interference.
(13)
Real estate directional signs.
(14)
Signs utilizing the colors red or green in their illuminations
within 100 feet of a signalized intersection (also known as a traffic
light, traffic signal, stop light, traffic lamps, stop-and-go lights.)
(15)
Signs which resemble, simulate, or may be mistaken for a traffic
sign within 20 feet of a roadway.
(16)
Attaching a sign to, or painting or otherwise marking letters,
logos, or other expressions on a utility pole, tree, rock, or natural
feature of any kind.
(17)
Signs affixed or painted on water towers or similar structures.
(18)
Signs which obstruct motorists' vision (site triangle), traffic
signs or signals, or business identification signs outside the lot
on which the business is located.
(19)
All billboards, signboards, advertising signs, vehicular signage,
or devices not expressly related to the business being conducted on
the premises including advertising on trucks or motor vehicles, the
apparent primary purpose of which is to provide a display to broadly
attract the attention of the public rather than to directly serve
and identify the business of the owner thereof in the manner which
is customary for such vehicles.
(20)
Off-premises sign or other off-site commercial sign, except
that one off-site sign may be erected on the previous site of a business
which has relocated for not more than 30 days.
(21)
Exhibiting statements, words, pictures, or images of an obscene
or pornographic nature.
(22)
Emitting a sound, odor, or visible matter such as smoke or vapor.
E.
Distinguishable objects; exempt signs. The definition of "sign" in § 330-180A Definitions notwithstanding, the following objects or structures shall not be considered "signs" or, alternatively, shall nevertheless not be subject to this section:
(1)
Customary holiday decorations displayed for a normal duration;
provided, however, that white or clear lights evoking candle flames
or miniature candle flames shall be permitted from mid-November through
the end of March in the C-1, C-2, C-3, CR, and TC Districts.
(2)
Residential nameplates.
(3)
Traffic control signs, the face of which meets the standards
of the Department of Transportation, and which contains no commercial
message.
(4)
Signs for official, governmental, or quasi-governmental business,
including signs or banners advertising public or quasi-public events
that are posted or displayed with the permission of the Zoning Official
or the governing body.
(5)
Flags of the United States, State of New Jersey, Township of
Vernon, foreign nations having diplomatic relations with the United
States, other flags adopted or sanctioned by any elective legislative
body of competent jurisdiction, and flags flown in conjunction with
the flag of the United States, provided that no such flag shall exceed
60 square feet in area, nor shall any such flag be flown from a pole
in excess of 35 feet in height. The flag's area shall be in reasonable
proportion to the height of the pole from which it is displayed. Not
more than 3 flags may be flown from any one pole. Statutory requirements
associated with flags and the generally accepted standards of flag
display protocol shall be observed.
(6)
Flags honoring and remembering military and service men and
women of the United States.
(7)
Public safety signs.
(8)
Signs displayed by places of worship.
(9)
Any public notice or warning or safety sign required by a valid
and applicable federal, state, or local law, regulation, or ordinance.
(10)
Any sign indicating the name of a building and/or date of construction
and/or other incidental information about its construction, which
sign is made an integral part of a stone or masonry surface, or made
of bronze or similar permanent material, including historic tablets,
cornerstones, memorial plaques, monuments and emblems which do not
exceed 4 square feet in area from a single viewpoint.
(11)
Signs forbidding trespassing, hunting, fishing or trapping as
authorized by state laws and regulations concerning fish, game and
wildlife, but not exceeding one square foot in size; and, further
provided that no such sign shall be located less than 50 feet from
another.
(12)
Pump-mounted fuel price information signs subject to the following:
(a)
Only one fuel price information sign shall be permitted per
fuel pump; each such sign shall be limited in size to an area of 260
square inches; each such sign shall be affixed directly and firmly
to a fuel pump, and shall be stationary.
(13)
Regulation mailboxes of the United States Postal Service.
F.
Public signs. Nothing in this section shall be deemed to restrict
or prohibit the erection, construction or maintenance within the Township
of Vernon of signs or markers for use in policing, directing or controlling
of traffic or parking when legally authorized by the State of New
Jersey and/or the County of Sussex, and/or the Township of Vernon;
or signs for official, governmental or quasi-governmental business,
including signs or banners advertising public or quasi-public events
that are posted or displayed with the permission of the Zoning Official
or the governing body.
G.
Termination of use. At the termination of any use of any premises,
building structure or lot, the permission to display signs associated
with such use shall terminate. All nonconforming signs, and the brackets
and posts which support the signs, shall be removed from the premises
within 10 days from the date of termination of such use, unless approval
for any extension of time is requested from and granted by the Zoning
Official.
H.
Permitted sign specifications (if a specific type of sign is not
listed, see Zoning Official).
(1)
Banner signs. Any temporary sign printed or displayed upon cloth
or other flexible material. Promotional banners include those used
to announce open houses and grand openings, make special announcements,
or communicate events.
(a)
Permitted zones: Nonresidential.
(b)
Number of signs permitted: One sign per lot.
(c)
Size: Shall not exceed 36 square feet in area, or 12'L x 3'H
in size.
(d)
Time limitation: May be placed 30 days before the event, and
removed no later than 2 business days after the event.
(e)
Maximum height: 8 feet, measured from ground to top of sign.
(f)
Sign placement: Minimum 12 feet measured from road edge.
(g)
No outdoor banner, flag, paper, canvas, or cloth signs used
to advertise an event shall be erected until the proper no-fee permit
is obtained.
(h)
No-fee permit must be filed with Zoning Office before "banner"
can be erected or displayed.
(2)
Charitable organization drives. Temporary signs for campaign
or money-raising drives for religious or charitable organizations.
(a)
Permitted zones: Off-premises, Nonresidential.
(b)
Number of signs permitted: One sign per lot.
(c)
Time limitation: May be placed 30 days prior to the publicized
event, and removed no later than 2 business days after the event.
(d)
Size: Shall not exceed 36 square feet in area, or 12'L x 3'H
in size.
(e)
Maximum height: 8 feet, measured from ground to top of sign.
(f)
Sign placement: Minimum 12 feet measured from road edge.
(g)
No-fee permit must be filed with Zoning Office before "sign"
can be erected or displayed.
(3)
Construction signs. Temporary signs pertaining to the construction,
repair, remodeling of any building shall be located at the principal
entrance to the building.
(a)
Permitted zones: All.
(b)
Number of signs permitted: One sign per construction site/lot.
(c)
Time limitation: May be placed at start of construction, and
removed within 2 days of conclusion.
(d)
Size: Shall not exceed 16 square feet in area, or 4'L x 4'H.
(e)
Maximum height: 8 feet, measured from ground to top of sign.
(f)
Sign placement: Minimum 5 feet measured from road edge.
(g)
No-fee permit must be filed with Zoning Office before "sign"
can be erected or displayed.
(4)
Garage sale signs. A temporary sign designating or advertising
to the public the sale of used or unwanted possessions, as household
articles, often held in the garage of a house.
(a)
Permitted zones: All.
(b)
Number of signs permitted: One.
(c)
Time limitation: May be placed 3 days prior to event, and must
be removed within 2 days of conclusion.
(d)
Size: Not to exceed 4 square feet or 2'W x 2'H.
(e)
Maximum height: 4 feet, measured from ground to top of sign.
(f)
Sign placement: Minimum 5 feet measured from road edge.
(g)
No-fee permit must be filed with Zoning Office before signs
can be erected or displayed.
(5)
Grand opening signs. Colored pennants are permitted on streamers/string
(see Zoning Official for details).
(a)
Permitted zones: Nonresidential.
(b)
Number of signs permitted: One sign per lot.
(c)
Size: Shall not exceed 36 square feet in area, or 12'L x 3'H
in size.
(d)
Time limitation: May be placed 30 days prior to event, and removed
within 2 days of conclusion.
(e)
Maximum height: 8 feet, measured from ground to top of sign.
(f)
Sign placement: Minimum 12 feet measured from road edge.
(g)
No-fee permit must be filed with Zoning Office before "sign"
can be erected or displayed.
(6)
Ground signs. Any nonmovable sign not affixed to a building,
but excluding "pylon sign," which is supported by one or more upright
posts or braces in or upon the ground. Ground signs may include 2
components, branding and changeable marketing.
(a)
Permitted zones: Nonresidential.
(b)
Number of signs permitted: One per business occupancy.
(c)
Time limitation: n/a permanent.
(d)
Size: Shall not exceed 30 square feet.
(e)
Maximum height: 10 feet measured from the ground level.
(f)
Sign placement: Minimum 5 feet measured from road edge.
(g)
Fee permit must be filed with Zoning Office before sign can
be erected or displayed.
(7)
Maintenance/service signs. (a/k/a lawn signs or yard signs -
includes but is not limited to landscaping, lawn service, paving,
driveway sealing and/or repair):
Small signs placed on a lawn.
(a)
Permitted zones: All.
(b)
Number of signs permitted: One per site.
(c)
Time limitation: During work, and for 2 days after cessation
of work.
(d)
Size: Shall not exceed 4 square feet, 2'L x 2'H in size.
(e)
Maximum height: 4 feet, measured from ground to top of sign.
(f)
Sign placement: Minimum 5 feet measured from road edge.
(g)
No-fee permit must be filed with Zoning Office before sign can
be erected or displayed.
(8)
New occupancy signs.
(a)
Permitted zones: All.
(b)
Number of signs permitted: One sign per lot.
(c)
Time limitation: They shall be removed within 15 days of occupancy.
(d)
Size: Shall not exceed 36 square feet in area, or 12'L x 3'H
in size.
(e)
Maximum height: 8 feet, measured from ground to top of sign.
(f)
Sign placement: Minimum 12 feet measured from road edge.
(g)
No-fee permit must be filed with Zoning Office before sign can
be erected or displayed.
(9)
Pedestal or sandwich signs. Signs which direct attention to
products sold, or services supplied.
(a)
Permitted zones: Nonresidential.
(b)
Number of signs permitted: Up to 2 signs permitted per property;
properties with multi-business (plaza/centers) are limited to 2 pedestal
signs.
(c)
Time limitation: Displayed during normal business hours, must
be removed nightly, and may not interfere with pedestrian or vehicular
traffic or sight distance.
(d)
Size: Shall not exceed 8 square feet, or 2'W x 4'H in size.
(e)
Maximum height: 4 feet, measured from ground to top of sign.
(f)
Sign placement: Minimum 5 feet measured from road edge.
(g)
No-fee permit must be filed with Zoning Office before sign can
be erected or displayed.
(10)
Political event signs. Political signs announcing political
events, issues or campaigns may be erected providing that they do
not constitute safety hazard by blocking sight distance, pedestrian
or vehicular traffic and the like.
(11)
Professional occupation. A sign listing only the name and profession
of the practitioner.
(a)
Permitted zones: All.
(b)
Number of signs permitted: One.
(c)
Time limitation: n/a permanent.
(d)
Size: Shall not exceed 4 square feet, 2'L x 2'H in size.
(e)
Maximum height: 8 feet.
(f)
Sign placement: Minimum 10 feet measured from road edge.
(g)
Permit must be filed with Zoning Office before sign can be erected
or displayed. Note: building department permit(s) may be required.
Cannot be internally lit—down lighting only.
(12)
Projecting sign. A sign which is affixed to any building and
projecting beyond the building wall or parts thereof, structure, building
line or property line more than 12 inches, but which is not constructed
or erected so as to extend above the roof line of the structure to
which it is affixed.
(a)
Permitted zones: Nonresidential.
(b)
Number of signs permitted: One.
(c)
Time limitation: n/a permanent.
(d)
Size: The area of the sign shall not exceed 16 square feet,
or 4'L x 4'H.
(e)
Projection: Shall not project beyond the building line more
than 4 feet, and in no case shall a projecting sign project beyond
any property line into public rights-of-way.
(f)
Supports and attachments: Shall be in compliance with the N.J.U.C.C.
(g)
Maximum height: The bottom of the sign shall be at least 8 feet
clear above the walk or ground.
(h)
Fee permit must be filed with Zoning Office before sign can
be erected or displayed. Note: building department permit(s) may be
required.
(13)
Real estate signs. A temporary sign placed upon the property
for the purpose of designating or advertising to the public the sale
or lease of said property. No-fee permit required.
Real estate signs may be one of the following 2 types:
(a)
Real estate "for sale/for lease/sold" signs.
[1]
Permitted zones: All.
[2]
Number of signs permitted: One sign per lot to
advertise the sale or rental of premises upon which the sign is located
by the owner or real estate agent or broker.
[3]
Time limitation: The sign shall be removed within
7 days after consummation of a sale or lease transaction.
[4]
Size: The sign is not to exceed 8 square feet in
residential districts or 16 square feet in all other districts (this
includes farm assessed land).
[5]
Maximum height: n/a.
[6]
Sign placement: Minimum 5 feet measured from road
edge.
(b)
Real estate "Open House" signs.
[1]
Permitted zones: All.
[2]
Number of signs permitted: One sign, in addition
to the "for sale" sign, may be placed on the subject property.
[3]
Time limitation: The sign may be placed up to 7
days prior to the open house and shall be removed within 2 days after
the open house.
[4]
Size: The sign shall not exceed 6 square feet in
size.
[5]
Maximum height: 4 feet (measured from ground to
top of sign).
[6]
Sign placement: Minimum 5 feet measured from road
edge.
(c)
Real estate "directional" signs are prohibited.
(d)
No-fee filing requirements. Real estate office/broker must register
annually; filing window: November 1st through December 31st, for each
year.
(14)
Special event signs. (e.g. Special Olympics, Earthfest, Municipal
events, etc.)
(a)
Permitted zones: Nonresidential.
(b)
Number of signs permitted: One sign per lot.
(c)
Time limitation: May be placed 30 days before the event, and
removed no later than 2 business days after the event.
(d)
Size: Shall not exceed 36 square feet in area, or 12'L x 3'H
in size.
(e)
Maximum height: 8 feet measured from ground to top of sign.
(f)
Sign placement: See Zoning Official.
(g)
No outdoor banner, flag, paper, canvas, or cloth signs used
to advertise a special event shall be erected until the proper no-fee
permit is obtained.
(15)
Wall. A sign which is affixed to or painted on an exterior wall
of any building.
(a)
Permitted zones: Nonresidential.
(b)
Number of signs permitted: No more than one wall sign per face
of a building which fronts on a street shall be permitted to any one
business occupancy.
(c)
Time limitation: n/a permanent.
(d)
Size: Total area of all wall signs on any one building shall
not exceed in area 30 percent of the total area of the first story
or ground level face of the building on which they are erected, up
to 40 square feet, and shall be designed to be architecturally compatible
with the building.
(e)
Projection: No wall sign shall project higher than the highest
point of the façade of the building upon which it is to be
erected, and it shall not project more than 8 inches from the façade
of the building.
(f)
Supports and attachments: Shall be in compliance with the N.J.U.C.C.
(g)
Corner properties: Corner properties, fronting on 2 or more
streets, shall be permitted no more than one wall sign fastened on
each wall fronting upon a street.
(h)
Maximum height: n/a.
(i)
Sign placement: Wall signs shall be placed in the front of the
building only, except on corner properties.
(j)
Fee permit must be filed with Zoning Office before sign can
be erected or displayed. Note: building department permit(s) may be
required.
(16)
Window signs. Temporary window signs designed to promote the
sale of any article or business activity.
(a)
Permitted zones: Nonresidential.
(b)
Number of signs permitted: One per window.
(c)
Time limitation: Shall not remain in a window longer than 30
continuous days, and shall be removed within 2 days after the event
or activity has taken place.
(d)
Size: Shall not exceed in total sign area 50 percent of any
total window area.
(e)
Maximum height: n/a.
(f)
Sign placement: n/a.
(g)
No-fee permit must be filed with Zoning Office before sign can
be erected or displayed.
I.
Illumination and electrical equipment.
(1)
All lit signs shall be turned off each day by midnight, unless
the business is still open.
(2)
The only illumination permitted shall be down-lit (a light projecting
from the top of the sign downward onto the sign) and/or internally
lit (lit from within the sign itself).
(3)
All permitted illuminated signs shall be in accordance with
the N.J.U.C.C.
J.
Nonconforming signs. Any sign lawfully in existence prior to the
effective date of this section (adopted May 14, 2012 by Ord. No. 12-05)
may be continued, provided that the same shall be regularly maintained
and kept in good repair. However, no change in lettering, content,
size, construction, location, or lighting of such sign shall be permitted
except by approval of the Zoning Official.
No nonconforming sign may be enlarged or altered in such a way
as to increase its nonconformity unless approved by the Land Use Board.
All nonconforming aspects shall be removed or altered to conform to
the provisions of this section when any such sign is changed or modified
in shape, size, illumination, or structure.
K.
Permits, fees, and enforcement.
(2)
Regulations.
(a)
Fees. Fees shall be collected by the Zoning Official in accordance
with the Vernon Township Fee Ordinance. Fee shall be required for
all new signs and all signs replacing existing signs.
(b)
Exemptions. The requirements for a permit fee shall not apply
to:
[1]
Temporary window signs.
[2]
Temporary signs of a political nature.
[3]
Temporary signs advertising charitable fund raising events.
[4]
Temporary real estate signs.
[5]
Temporary special event signs.
[6]
General maintenance and upkeep on an existing permitted sign.
[7]
Amendment/alteration of advertising copy on an existing permitted
sign.
[8]
Security signs.
[9]
Maintenance/service signs.
(3)
Enforcement.
(a)
Inspection. The Zoning Official shall inspect each sign for
which a permit is required upon completion of its installation.
(b)
Unsafe signs. In the event that any sign is found to be in a
dangerous structural condition, the Zoning Official shall notify the
owner of such sign and/or the owner of the property on which it is
erected in writing, and advise the owner to make the same safe and
secure. In the event the owner does not comply with the requirements
as specified within 2 business days from receipt of such notice, the
sign may be removed by the Township of Vernon, in which case the owner
of the sign and the owner of the building shall be jointly and severably
liable to the Township for the costs of removal.
(c)
Defective signs. In the event any sign is found to be in violation
of size, number or location provisions of this section, the Zoning
Official shall notify the owner of such sign and the owner of the
property on which the sign is erected of such violation in writing,
and the owner shall within 5 business days, correct such violation.
(d)
Penalties. Violation of and/or nonconformance with this section
shall be subject to the penalties as set forth in the Vernon Township
Administrative Code.
L.
Should any section, paragraph, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid for any reason by
any Court of competent jurisdiction, such provision(s) shall be deemed
severable, and the remaining portions of this Ordinance shall remain
in full force and effect.
M.
All ordinances or parts of ordinances or resolutions that are inconsistent
with the provisions of this Ordinance are repealed to the extent of
such inconsistency.
Any lawful nonconforming use which existed at the time of the
passage of this article may be continued and any existing building
designed, arranged, intended or devoted to a nonconforming use may
be reconstructed or structurally altered subject to the following
regulations:
A.
Such building shall in no case be enlarged unless the use therein
is changed to a conforming use.
B.
A nonconforming use shall not be extended, expanded or enlarged at
the expense of a conforming use.
C.
A nonconforming use changed to a conforming use may not thereafter
be changed back to a nonconforming use.
D.
A nonconforming use shall not be permitted to be changed to another
nonconforming use.
E.
In the event that there is a cessation of operation or use of any
nonconforming use for a period of six consecutive calendar months,
the same shall create a rebuttable presumption of an intended abandonment
of such nonconforming use. In the event that there is a cessation
of operation or use of any nonconforming use for a period of 12 consecutive
calendar months, the same shall be conclusively presumed to be an
intended abandonment of such nonconforming use. Any subsequent exercise
of such abandoned use shall be deemed a violation of this section
and article.
F.
A building which is conforming in use but violates the yard, coverage,
setback or height requirements of this article may not be extended,
expanded or enlarged within any required yard or setback area nor
extended above the height limits of this article.
G.
Nothing in this section shall prevent the restoration of a nonconforming
building partially destroyed by fire, explosion, act of God or act
of public enemy, provided that any building partially destroyed in
the manner aforesaid may be reconstructed and thereafter used only
in such a manner as to not enlarge the causes for nonconformity. Any
building totally destroyed in the manner aforesaid may only be reconstructed
as a conforming use.
H.
Nothing in this article shall be construed to require any change
in plans, construction or designed use of a building for which a building
permit has been heretofore issued and diligently acted upon, which,
for purposes of this section, shall mean that construction shall have
been undertaken within 12 months of the date of such permit.
I.
Nothing in this article shall be interpreted as authorization for
or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this article.
J.
The foregoing provisions of this section shall apply to buildings,
structures, land or uses which hereafter become nonconforming due
to any reclassification of zone districts under this article or any
subsequent change in the regulations of this article.
K.
In all cases the nature and extent of nonconforming uses shall be
determined as of the date on which such use became nonconforming whether
by reason of the adoption of this article or of any previous code,
article, section, chapter or amendment.
A.
Where a single-family residence which is nonconforming with respect
to one or more bulk or setback requirements is proposed to be enlarged
by a horizontal or vertical addition, and such addition would protrude
no farther into a required yard than the existing footprint of the
building or existing building envelope, and assuming no other violation
of a restriction as to height, stories or building coverage, the Zoning
Officer shall issue a zoning permit therefor and a variance shall
not be necessary. However, if in the reasonable judgment of the Zoning
Officer the proposed addition would appear to be so large and/or so
distinguishable by design as to substantially transform the character
of the residence and the impact of the same on the use and enjoyment
of one or more neighboring properties, an application for a variance
shall be required. For purposes of construing this section, no substantial
interest of the neighborhood or public shall be allowed to be substantially
compromised for the sake of expedient procedure; nor, however, shall
any reasonable and relatively insubstantial addition as contemplated
herein be unnecessarily proceeded upon.
B.
Where a residence is to be enlarged as aforesaid and a proposal for
the same is shown to meet all setback, height and coverage requirements,
a variance shall not be required merely because the lot is deficient
in area or width, provided the lot shall have been lawfully created
by filed map or deed prior to the date of the first ordinance of the
Township requiring approval of a subdivision by the Planning Board
or pursuant to a perfected approval by the Planning Board.
C.
Usual and customary residential appurtenances such as but not limited
to swimming pools, hot tubs, storage sheds, garages, porches, additions
and other similar recreational structures are permitted in all zones,
provided:
[Added 1-28-2002 by Ord.
No. 02-04; amended 6-14-2004 by Ord. No. 04-21]
(1)
They are accessory to an existing lawful nonconforming or conforming
single-family or two-family residence.
(2)
They are located within the curtilage of the residence as determined
by the Zoning Officer.
(3)
They meet the setback requirements for the zone in which they
are located.
(4)
They additionally meet the setback requirements of the R-4 Zone.
D.
Except for swimming pools and except on a farm, appurtenances under
this section shall not exceed 500 square feet.
[Added 1-28-2002 by Ord.
No. 02-04; amended 6-14-2004 by Ord. No. 04-21]
In the event that a lot shall have been lawfully created by
filed map or deed prior to the date of the first ordinance of the
Township requiring approval of a subdivision by the Planning Board
or by a perfected subdivision approval by the Planning Board, no variance
shall be required for the proposed development of such lot merely
because the lot is deficient in area or width pursuant to this article,
provided that the proposed development shall be shown to meet all
setback, height and coverage restrictions of this article.
[1]
Editor's Note: This section was repealed 1-6-2003 by Ord.
No. 02-38 but was later reinstated in its entirety on 8-25-2003 by
Ord. No. 03-24.
A.
PLC Private Lake Community classification.
(1)
Goals and objectives.
(a)
Findings and purpose. The Master Plan establishes, as one of
its goals and objectives, the preservation of existing residential
neighborhoods and lake communities, and the review of "residential
zoning standards governing the lake communities in order to avoid
unnecessary variances." Id, at I-1. The Master Plan recognizes the
"lake resort communities from the 1930's" and later lake communities
as having unique and common qualities which are distinguishable from
other residential neighborhoods and communities within the Township.
Approximately 40% of the Township's residents live within the lake
communities (Source: 1995 Master Plan at II-1); the largest of these
is Highland Lakes, with 1,959 homes and a population of over 4,500.
At page II-9, the Master Plan observes the following:
"The medium density residential land use refers to the R-3 zone
which includes the existing Lake communities. The density as per the
current zoning is for a 30,000 square foot lot although the Lake communities
were planned out on a 10,000 square foot or smaller lot basis. This
discrepancy in the zoning should be resolved since this zoning requires
a variance procedure for any expansion activity of the existing homes
within the lake community. Lots that were established prior to 1978
in the lake communities are grandfathered under current zoning ordinances.
It is recommended, therefore, that a lake community zoning district
be established which would recognize the grandfathered lots and establish
appropriate zoning standards that would preclude the need for Board
of Adjustment relief for minor dwelling additions without increasing
the density in the community. Highland Lakes [Country Club and Community
Association] prepared a master plan concerning the future management
and development of its community. The establishment of this new zoning
district would complement the objectives of the Highland Lakes master
plan. The Highland Lakes master plan indicates that it is very important
that homes be permitted to improve and the zoning should be so structured
to permit these improvements. This will also achieve the same objective
for the other lake communities."
[1]
It is therefore the purpose of this section and the corresponding
standards reflected in Schedules A and B[1] to reconcile these purposes and prevailing conditions
with appropriate zoning standards to the benefit of the lake communities.
[1]
Editor's Note: Schedules A and B are located at the end of
this chapter.
[2]
It is also the purpose of this section to encourage the private
lake communities to prepare and adopt express community policies and/or
standards with respect to land development and redevelopment within
a private community, and to file a statement of the same with the
Township Clerk for the benefit of the Township Council, Mayor, Zoning
Official, Planning Board, Zoning Board of Adjustment, Road Department
and other agencies and officials. (Amended 4-27-2015 by Ord. No. 2015-08)
(b)
Principles. Renovation, rehabilitation and improvement of developed
private properties and common properties of private lake community
associations ("PLCAs") shall be and is hereby encouraged. Adaptive
use and reuse of historical and older examples of lakestyle architecture
in the older lake communities is distinctly favored. Suitable and
desirable improvements to lakes and lakeshores and their appurtenances
is distinctly favored. Improvement of parks, playgrounds, playing
fields and courts, and other common facilities or amenities is encouraged.
The suitable construction, reconstruction, renovation, or expansion
or other improvements to clubhouses or other buildings or structures
owned and operated by PLCAs is encouraged.
(c)
Community Plan; FCP. Every private lake community association
(PLCA) shall be permitted and is encouraged to file with the Township
Clerk a community plan, in written and/or graphic form, including
but not limited to composite elements such as the community charter,
by-laws, rules and regulations, master or originating deeds, restrictive
covenants and easements; together with descriptive statements and/or
plans as to requirements, standards or policies with respect to development,
construction, architecture, property maintenance, roadways and circulation,
utilities (including common water supplies, and drainage structures
and facilities), environmental features and conservation measures,
recreational facilities and other common elements or facilities. The
Township Clerk shall distribute copies or the community plan to the
Township Council, Mayor, Zoning Official, Planning and Zoning Administrator,
Secretary to the Planning Board and Zoning Board of Adjustment, Road
Department and such other agencies or officials as the Township Council
or Mayor shall deem appropriate. The Planning Board shall consider
the suitability and completeness of the community plan and shall do
so by affording the PLCA an opportunity to be heard thereon, either
by and before a committee of the Board or by and before the entire
Board. The Planning Board or a committee of the Board is encouraged
to lend technical and other assistance to the PLCA in connection with
the community plan and is encouraged to develop a checklist or other
instructional material concerning a proper community plan submission.
[Added 6-12-2006 by Ord.
No. 06-16; amended 4-27-2015 by Ord. No. 2015-08]
[1]
Upon finding that a PLCA has made a proper filing of a meaningful
community plan with the intent and purpose of this section, the Board
shall adopt a resolution acknowledging the filing of the community
plan for the purposes of this section. Such resolution shall not be
unreasonably withheld as a matter of qualitative analysis if the submission
substantially satisfies the quantitative requirements of the checklist,
nor shall a PLCA be precluded from having the plan filed simply because
the history, organization, patterns, resources or other factors of
the PLCA do not reasonably allow or prepare it to offer information
with respect to one or more elements of a community plan submission.
[2]
Upon adoption of a resolution acknowledging the filing of a community
plan, a true copy of such resolution shall be forwarded by the Planning
Board Secretary to the Township Clerk for distribution as set forth
above. The community plan shall be marked "filed" and shall thereafter
be a Filed Community Plan (FCP) for purposes of this section. For
purposes of eligibility under this section, such FCP shall be updated
and re-examined by the Planning Board at least once every six (6)
years after initial filing in accordance with the same procedures
described herein.
(d)
If a PLCA has an FCP and if the PLCA shall thereafter make application
for a building permit or other permit within the contemplation of
this chapter with respect to its common elements and property, the
PLCA shall be eligible for the following expedited procedure:
[1]
Applications for permits involving development normally or potentially requiring formal site plan approval associated with the PLCA's principal use(s), building(s) and/or parking facilities. Minor site plan submission and review per § 330-50 irrespective of the fact that the proposed development would exceed the scope of that term and the procedure therefor as defined in § 330-2 and contemplated in § 330-50.
[2]
Development projects normally or potentially requiring only
minor site plan approval: exempt.
[a]
For purposes of construing this subsection, the
following development or redevelopment activities by a PLCA shall
not require site plan approval:
[i]
Reconstruction or rehabilitation of dams and lakes;
[ii]
Construction or reconstruction of docks, boat
racks and boat storage facilities;
[iii]
Construction or reconstruction of structures and buildings other than principal buildings as defined in § 330-2;
[v]
Construction or alteration of play fields, play
courts, playgrounds, racquet sports facilities, beaches, parks, boat
launches, and substantially similar uses and structures.
(e)
Applications by members in good standing of a participatory PLCA. An applicant for a building permit concerning an addition to a nonconforming residence in a PLC District within the contemplation and criteria of § 330-182 who is a member in good standing of a PLCA for which there is an FCP shall enjoy a rebuttable presumption that the proposed addition is permissible and that no variance is necessary. The applicant shall supply evidence that the permit application meets PLCA standards and/or, where appropriate, has been approved by the PLCA.
B.
Town Center District and design guidelines for Town Center District
and C-2 Commercial District.
[Adopted 12-22-1999 by Ord. No. 97-16; amended 12-13-1999 by Ord. No. 99-27. Repealed and replaced 3-25-2013 by Ord. No. 13-04]
(1)
Purpose. It is the purpose of this district to create a mixed-use Town Center in the Township of Vernon which provides for commercial, residential and senior housing uses in a development pattern and with design guidelines that promote a pedestrian scale center that reinforces the unique sense of place of Vernon. Where requirements of this section are in conflict with other sections of the Township Ordinance, this section shall supersede those requirements. The General Design Standards, Section 330-184B(5) shall also apply to the C-2 District.
(2)
APARTMENT
AWNINGS
BALCONY
BASE
BRACKETED BLADE
BUILDING BAY
CANOPY
CAP
CLADDING
CULTURAL FACILITIES
CUPOLAS
DUPLEX
E.I.F.S.
FACADE
FIRST FLOOR
LIVE/WORK UNIT
MIXED-USE BUILDING
MULLION
MULTIFAMILY
MUNTIN
RSIS
SECONDARY STREETS
SIDEWALK DISPLAYS
STREET FURNITURE
TAVERN
TRANSOM
WASHING
Definitions. For the purposes of this section the following
definitions shall apply:
A rental or condominium dwelling unit limited to a minimum
of 500 square feet.
A retractable or permanently affixed device on a storefront
or over a building entrance or window that provides shelter from light
or the elements.
A platform that projects from the wall of a building and
is surrounded by a railing, balustrade, or parapet.
The lowest part of a structure, such as a wall, considered
as a separate unit: the base of a column.
Type of wall mounted sign that projects perpendicular to
the building wall held in place by a bracket.
Building facades defined by columns, pilasters, and architectural
recesses to create distinct areas along the building wall.
A permanent structure designed to shelter persons or activities
from the elements. May be freestanding or attached.
The topmost member of any vertical architectural element,
often projecting, with a drip edge as protection from the weather,
e.g. the lintel of a door.
The exterior feature of a building; the veneer.
Establishments that document social, intellectual and artistic
events including museums, art galleries and libraries.
A vaulted roof or ceiling or a small dome set on a circular
or polygonal base or extending beyond the main ridge line of the roof.
A one-family dwelling unit attached to one other dwelling
unit in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
the other by a vertical common fire-resistant wall.
Exterior Insulation Finishing Systems - Multi-layered exterior
wall systems that are used on both commercial buildings and homes.
The face or front of a building, especially the principal
face.
The street level floor of the building as it orients to the
front or main entrance of the building.
A combined apartment space and office/studio space for professionals,
service providers and artisans. Live work units are mixed-use units
with an interior connection from the commercial space to the living
space.
Uses contained in multi-story structure with commercial use
on ground level and apartment dwellings, offices or commercial uses
on the upper levels. A mixed-use building may also contain live/work
units.
A structural member that separates ganged windows, doors
and transoms.
Any building housing three or more dwelling units containing
one or more stories.
A framing member that divides panes of glass in a window
or simulates divisions in window.
Residential Site Improvement Standards.
Secondary streets are any streets in the Town Center except
County Route 515, NJSH Route 94, Main Street and Church Street.
Temporary, movable signage, tables and merchandise that could
be placed on the sidewalk for display purposes.
The functional elements of streetscapes including but not
limited to benches, trash receptacles, planters, telephone booths,
kiosks, sign posts, streetlights and bollards.
An establishment used primarily for the serving of liquor
by the drink to the general public and where food or packaged liquors
may be served or sold only as accessory to the primary use.
A horizontal window located over a door or another window
separated by a horizontal mullion.
The practice of illuminating an entire building facade with
floodlights.
(3)
Permitted uses. A mix of uses is permitted based on building
types designated as such. Unless expressly permitted below, all other
uses are deemed to be prohibited.
[Amended 12-12-2016 by Ord. No. 2016-27]
(a)
Antiques Shop.
(b)
Arts Center or Gallery.
(c)
Age-Restricted Housing: Defined as residential units with a
minimum of 80% of the residences occupied by persons 55 years of age
and older, and the remainder not having any units occupied by persons
less than 45 years of age, are permitted. Age-restricted housing is
permitted on second floors over retail/commercial uses. Age-restricted
housing is permitted in a stand-alone building when fronting on secondary
streets. Age-restricted housing is not permitted in basement levels.
(d)
Apartments/Condominiums: Permitted on the upper floor(s) above
commercial and retail uses. Apartment and condominiums buildings are
permitted when fronting on secondary streets. Apartments are not permitted
in basement levels unless part of a single unit with above ground
residential space.
(e)
Banks, Savings and Financial Institutions.
(f)
Banquet Halls and Catering Facilities.
(g)
Bed-and-Breakfast: Permitted with a maximum of 15 rooms.
(h)
Bus Shelters: Design shall be consistent with the street furniture.
(i)
Business Services.
(j)
Child Care Center: Shall be permitted, consistent with N.J.S.A.
40:55D-66.6. They may be located on the first or second floor of buildings.
Children pick-up and/or drop-off area(s) shall not be directly located
in Main Street, Route 94, or Route 515.
(k)
Civic and Institutional Uses, including Governmental Uses.
(l)
Community Centers.
(m)
Community Residences for the Developmentally Disabled: Permitted
on the second floor of mixed use buildings or residential buildings
having an ADA accessible elevator.
(n)
Convenience Stores: Permitted having a minimum of 1,500 square
feet and a maximum 4,000 square feet.
(o)
Cultural Facilities.
(p)
Drive-Through Facilities: Permitted as an accessory use to a
principal permitted use when located to the side or rear of a facility.
(q)
Health Care Facility.
(r)
Health Clubs.
(s)
Health Services.
(t)
Inns and Bed and Breakfast Facilities: Permitted with a fifteen
(15) room maximum.
(u)
Live/Work Units: Permitted with first floor commercial and second,
or upper floor residential space.
(v)
Non-Residential (social type) Lodge: Permitted on second floor
of mixed use buildings or in a stand-alone building.
(w)
Offices and Office Buildings: Not permitted on the first floor
on Main Street.
(x)
Place of Worship.
(y)
Retail and Service Establishments.
(z)
Recreation Facility, Commercial, Public, or Private: Permitted
as indoor facilities or outdoor public park, plaza or square.
(aa)
Restaurants: Fast food restaurants shall be permitted on the
first floor only of mixed-use buildings or as separate stand-alone
facilities provided they are not fronting on Main Street.
(bb)
Restaurant, Take Out or Pick Up Facilities: Permitted on the
first floor.
(cc)
School Bus Shelter: Design shall be consistent with the street
furniture.
(dd)
Shelter and Adult Care Facilities.
(ee)
Shopping Center and Specialty Shopping Centers: Defined as having
two or more retail establishments. The minimum lot size shall be 2
acres and a maximum building size shall be 50,000 square feet, having
a minimum of two retail establishments, one such retail establishment
shall have a minimum of 4,000 square feet.
(gg)
Specialty Food Store: Permitted with a 1,500 Square feet minimum
and 4,000 square feet maximum size for the use.
(hh)
Supermarket: Permitted with maximum of 90,000 square feet of
gross building area with a required two-story building design.
(ii)
Temporary Outdoor Activity: Permitted with written permission
from the Township of Vernon.
(jj)
Theaters and Amphitheaters.
(kk)
Bars, Brewpubs, Craft Breweries or Distilleries or Wineries.
[Ord. No. 2016-27]
(4)
Bulk standards.
(a)
Facades: Buildings shall appear to be a minimum of 2 stories.
Second stories are not required to contain usable space; however the
facades of the building should be 2 stories.
(b)
Bulk standards for the Town Center Zone are:
[1]
Minimum lot width — 120 feet.
[2]
Front yard setback — Minimum 14 feet from back of curb.
[3]
Side yard setback — 7.5 feet.
[4]
Rear yard setback — 5 feet.
[7]
Maximum building height — 50 feet.
[8]
Roof type — Pitched roofs are permitted. Flat roofs shall
have parapets. Mansard roofs are also permitted.
[10]
Parking, residential — As per RSIS standards.
[11]
Shared parking is encouraged. In order to promote
more efficient use of parking facilities, a parking space may be counted
towards the parking requirement for two or more different uses provided
that the parking is within 250 feet of the use and the use is on the
shared parking factor table. The shared parking factor illustration
below shows how shared parking can be calculated for two uses within
the same vicinity of one parking area. The shared parking factor is
used by adding together the parking requirement for each function
then dividing it by the shared factor. For example, if a residential
use requires 10 spaces and retail use requires 10 spaces, the total
number of 20 spaces is divided by the shared parking factor of 1.2,
yielding a requirement of 17 spaces. The shared parking factor should
be utilized for uses in adjacent blocks within the proximity of a
shared lot. When three functions share parking, the lowest factor
should be used to assure enough parking is provided.
[12]
Shared Parking Factor Table.
 |
[13]
Impervious coverage — 85%.
[14]
Building coverage — 70%.
[15]
Residential units — A rental or condominium
dwelling unit must have a minimum of 500 sq. ft. of livable space.
(5)
General design standards: Applicable in the TC District and
the C-2 District, with exceptions as noted.
(a)
Architectural attributes.
[1]
Buildings in the Town Center District shall be designed to evoke
the architectural attributes of mountain village architecture, alpine
architecture, or the colonial architectural elements of historic Vernon
buildings. Building materials shall contain mountain resort architectural
elements such as timber framing, cedar shake shingles and field stone,
or traditional architectural elements such as clapboard siding, gable
roofs and window shutters.
[2]
The building mass, footprint and architecture shall be designed
to create an attractive visual presence at a pedestrian scale. Mixed-use
buildings are encouraged with commercial on the ground floor and offices
or apartments on the upper floors. Historic structures shall be preserved
and renovated in a sensitive manner to preserve the Township's history.
All sides visible from a street or parking area shall be "finished"
with architectural features.
[3]
The following photographs represent architectural and design
elements that are desired in the Town Center and C-2 Districts:
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 |
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(b)
Building types. The following diagrams show examples of building
types permitted in the TC District. Additional building types may
be permitted by the Land Use Board subject to the design standards
of this subsection. Building types are not applicable to the C-2 District.
(d)
Building Setbacks.
[1]
See Schedule B — Bulk and Yard Requirements, which may
be found at the end of this chapter.
[2]
Buildings shall be located close to the front lot line to establish
a defined building edge along the street; however, there shall be
setback variation along the building façade to accommodate
recessed courtyards, outdoor nooks for tables, wall treatments and
entry alcoves to add visual interest.
(e)
Building materials and colors.
[1]
All building materials and colors used on the exterior of a
building shall be compatible with its overall design. Wood clapboard,
or manufactured equivalent, is recommended. Natural wood or cedar
shake siding is also recommended. Natural or cultured stone is recommended
as a primary accent material especially for building foundations,
decorative piers and columns. Textured wood siding is recommended.
Textured vinyl, cement fiber materials (if they appear similar to
clapboard or split batten boards) and brick are permitted. Vinyl siding
(non-textured), aluminum siding, non-decorative concrete block and
other similar materials are prohibited. Stucco or stucco-like products
such as drivit or E.I.F.S. may be used only as an accent material
and not encompass more than 40 percent of the wall surface.
[2]
Building colors shall utilize historic paint colors such as
Sherwin Williams' Preservation Palette or Benjamin Moore Historic
Color Collection. However, other creative color patterns and schemes
will be considered. The building colors shall include a base color,
complementary trim colors, and accent colors for doors and shutters.
[3]
For existing buildings under 50 years old, replacement or retention
of original materials shall depend upon the visual prominence of the
building, the features to be replaced and the building's compatibility
with adjacent structures.
[4]
Historic structures, over 50 years old, are encouraged to be
retained and rehabilitated in keeping with the original building character
to the greatest extent possible.
[5]
Buildings with multiple storefronts shall include variations
in roofline and building height to define the individual stores within
a building block.
[6]
Buildings with multiple storefronts shall be unified through
the use of architecturally compatible styles, materials, colors, details,
awnings, signage, and lighting fixtures on all storefronts.
[7]
Changes in building material should occur at a logical place,
such as a change in building mass, roof or an inside corner.
(f)
Building walls.
[1]
Blank windowless walls are strongly discouraged. The façade
shall be broken up into sections or bays to provide variety and interest.
These bays or sections shall be a minimum of 20 feet wide and a maximum
of 36 feet wide. Columns, recesses, variations in the rooflines shall
be used to break up the wall of the building into smaller sections.
Variations in building materials, patterns and colors shall also be
used to differentiate the building wall. Landscaping can also be used
to break up a blank wall area.
[2]
Building facades shall provide unified design with a clearly
defined building entrance. Recessed entrances are encouraged similar
to those on older commercial buildings. Columns, awnings, canopies
and pilasters can be used to define the entryway. Doors and window
trim shall be used to highlight these features.
[3]
The architectural treatment of the front façade shall
continue around all visible exposed sides of a building. Each façade
of a building shall be consistent in style, materials, colors and
details. Buildings shall have a defined base and cap. The base may
align with the window sill level of the first floor, the foundation
edge, or the ground with foundation plantings. The cap of the building
includes the building cornice, parapet or eaves at the top of the
building wall.
[4]
The outside face of any column shaft will align with the outside
face of the frieze board or beam above. The column cap will project
beyond the face of the frieze board or beam, both at the inside and
outside face of the column shaft and beam above. The column base is
typically larger than the capital and will be, or "appear" as, solid
stone, brick or wood. Visible aluminum vent blocks are inappropriate
and will be discouraged. The foundation or porch edge must be extended
beyond the edge of the frieze or beam above to allow proper column
alignment. All columns shall be of wood, masonry, or a composite material
and properly flashed to allow for a long lasting waterproof condition.
[5]
Fire escapes are not permitted on the front façade wall.
(g)
Roofs and roof material.
[1]
Roofs shall be designed to reflect the style of the historic
Vernon structures in terms of pitch and materials. They shall be compatible
with the building's architecture and complementary to adjoining structures.
Roof offsets, dormers and gables are encouraged. Architectural embellishments
including towers, cupolas, chimneys, dormers, and cross gables can
be used to break up large roof masses and add visual interest.
[2]
Gable roofs with a slope of no less than 6:12 (excluding porches
and dormers) are recommended. Flat roofs are discouraged on one and
one-and-a-half story buildings. Flat roofs on two- and three-story
buildings shall include a decorative parapet wall at least two 2 feet
in height above the roof level up to 6 feet high.
[3]
Roof material shall be textured asphalt shingles, slate, slate-like
tiles or wood shingles, in dark earth tone colors compatible with
the architecture of the building. Metal roofs or panels may be permitted
particularly as accent features.
[4]
Roofs shall be designed to hide rooftop service equipment.
(h)
Windows.
[1]
Windows shall have a vertical orientation and alignment. The
window arrangement shall be in a unified pattern with the windows
on the upper levels vertically aligned with the windows and doors
on the ground level. The window locations and rooflines shall be compatible
with adjoining building bays and adjacent buildings.
[2]
First floor windows shall have a window sill height of not more
than 2 feet.
[3]
The first floor windows of commercial uses shall be transparent
to encourage pedestrian activity and be designed to accommodate displays.
A minimum of 50% of the ground floor wall area shall be transparent.
On the upper floors, a minimum of 30% of the wall area shall be glazed.
[4]
Windows with mullions are encouraged. Reflective and overly
tinted glass are prohibited. Outside window gates are prohibited.
 |
|---|
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First Floor Window Example
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(i)
Building location and orientation.
[1]
Buildings shall be located to front towards and relate to public
streets, both functionally and visually.
[2]
In a multiple building development, buildings located on the
interior of a site shall front towards and relate to one another,
both functionally and visually. To the extent possible, multiple building
developments shall be organized around features such as courtyards,
quadrangles and alleys, which encourage pedestrian activity and incidental
social interaction among users. Smaller, individualized groupings
of buildings are encouraged.
[3]
Buildings shall be located appropriately to allow for adequate
fire and emergency access.
(j)
Building height — Additions.
[1]
Extensions of existing buildings, particularly those with architectural
character, shall require careful attention. Additions which overpower
or conflict with the original architecture shall not be permitted.
Additions which maintain a sense of continuity, through setbacks,
compatible colors and materials, and similar geometric relationships
are encouraged.
(k)
Service equipment.
[1]
All air-conditioning units, HVAC systems, exhaust pipes or stacks,
elevator housing and satellite dishes and other telecommunications
receiving devices shall be screened from public view, by using walls,
roof elements, penthouse-type screening devices or landscaping, designed
to be architecturally compatible with the building's style, materials,
colors and details.
[2]
Fire escapes shall not be permitted on a building's front facade.
In buildings requiring a second means of egress pursuant to the Uniform
Construction Code, internal stairs or other routes of egress are preferred.
Only in exceptional circumstances shall an attached external fire
escape be permitted as one of the required means of egress, and only
if located, on a building's rear or side elevation.
(l)
Security gates.
[1]
Solid metal security gates or solid roll-down metal windows
shall not be permitted. Link or grill type security devices shall
be permitted only if installed from the inside, within the window
or door frames; or, if installed on the outside, if the coil box is
recessed and concealed behind the building wall.
[2]
Security grilles shall be recessed and concealed during normal
business hours. Models which provide a sense of transparency, in light
colors, are encouraged.
(m)
Lighting.
[1]
Decorative fixtures shall be used both along the street edge
and private walkways to establish a consistent lighting design theme.
Fixtures shall be Hadco Independence (V151) fixtures in black, double-headed,
in black with decorative post and shaft as shown below, or an equivalent
light fixture and pole approved by the Land Use Board. Downward facing
lights may be approved by the Land Use Board for interior parking
areas.
 |
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Hadco Independence Light Fixture
Double-headed with Flag Posts
|
Hadco Independence Light Fixture (V151)
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[2]
Other lighting fixtures such as decorative sign lighting and
building accent lighting shall be reviewed on a case-by-case basis
in accordance with these guidelines.
[3]
Pole-mounted light fixtures, bollards and wall-mounted fixtures shall follow an approved lighting design plan. Twelve-foot high decorative light poles and metal halide lamps shall be used. Lighting intensity shall be consistent with the Land Development Section 330-80. House side shields must be provided where abutting a residential use. Low-pressure sodium, fluorescent, or mercury vapor lighting, either attached to the exterior building façade or to light the exterior of the building is prohibited. Neon lighting is prohibited.
[4]
Wall-mounted light fixtures used for street, driveway and alley
illumination are permitted. Wall-mounted menu boards shall be detailed
and complement the storefront design.
[5]
Wall-mounted light fixtures used for street, driveway or walkway
lighting shall match the approved Town Center Design Specifications.
Lighted bollards may be used as decorative lighting along walkways
and in plaza areas in place of the approved light fixture.
[6]
Building facades may be lit from the exterior. Such lights shall
be concealed through shielding or recessed behind architectural features.
Other wall-mounted decorative lighting such as at building entrances
shall be compatible with the architectural style of the building.
[7]
Decorative street signs and traffic signal poles shall follow
an approved design plan. Hanging banner and planter brackets shall
be used as decorative pole elements along streets and walkways.
[8]
"After-hours" lighting which illuminates the front of the storefront
while contributing to a comfortable nighttime pedestrian experience
is encouraged.
[9]
Visible fluorescent bulbs, exposed exterior neon lighting, colored
bulbs (except for seasonal decoration) and internally lit awnings
are not permitted. Electric boxes, transformer utilities, and conduits
shall be concealed from view.
[10]
"Washing" the entire building facade is not permitted.
[11]
Attached building or wall pack lighting shall
be screened by the building's architectural features or contain a
35 degree cut-off shield.
(n)
Landscaping.
[1]
Extensive landscaping shall be provided. All areas of the site
not occupied by building, parking and other improvements shall be
intensively planted with trees, shrubs, ground, grasses and perennials.
Existing trees and shrubs shall not be removed unless a tree/ shrub
removal plan has been submitted and approved by the appropriate Township
Official.
[2]
The landscape plantings shall be complementary to the buildings
and accentuate important features. Plants shall be chosen for year
round interest including color, flowers, fruit, bark interest or branching
patterns. Hardy native plants shall be used where possible. Plant
materials shall be selected to provide variety considering height,
texture and color. Existing healthy and mature trees shall be retained
and incorporated into the landscape plan where possible.
[3]
The use of planters, window flower boxes and hanging baskets
is encouraged to provide seasonal color. Adequate open sidewalk areas
shall be provided along the storefront being careful not to block
the view of the window displays.
[4]
The landscaping shall be integrated with other site design features
such as walkways, paths, gazebos, fountains, street furniture and
public art.
[5]
Street trees, a minimum of 3 inch caliper at the time of planting,
shall be planted along both sides of all streets in the Town Center.
The bottom branches shall be trimmed to a minimum of 7 feet from the
ground to allow pedestrian passage. Tree spacing shall be generally
35 feet apart with variation for driveways, lighting and other streetscape
impediments.
[6]
The Town Center development shall utilize Ironsmith "Camelia" tree grates or approved equal around street trees in the sidewalk area. All landscaping shall conform to the Land Development Section 330-72.
[9]
The following small flowering trees are recommended for landscaping
and parking areas.
(o)
Streetscape, sidewalks, crosswalks and public spaces (Applicable
to TC District, not C-2 District)
[1]
Where not existing already, streetscape improvement shall be
constructed along the road frontage of every lot proposed for development
in the Town Center District. The streetscape shall include sidewalk,
brick paver or landscaped area, street trees, street lights and street
furniture.
[2]
Sidewalks shall be wide enough to handle pedestrians and accommodate
benches, planters and street trees lights. Sidewalks along Main Street
shall be a minimum width of 12 feet wide. Sidewalks elsewhere in the
Town Center District shall be a minimum of 6 feet wide. A minimum
2 foot wide brick paver strip shall be constructed between the curb
and the sidewalk. Walkways shall be raised and curbed along buildings
and within parking lots, where suitable. Following are 2 streetscape
examples:
[3]
Walkways shall be raised and curbed along buildings and within
parking lots, where suitable. Scored or decorative concrete, having
a limited number of raised areas, shall be the preferred material.
All walkways and paved areas not within the public right-of-way may
use appropriately colored pavers, at the option of the property owner.
All specific designs shall be subject to Vernon Land Use Board approval.
[4]
Asphalt and non-aggregate exposed concrete slabs, clay brick,
and decorative concrete pavers are permitted and shall provide a flat
walking surface. Sidewalks shall be wide enough to handle pedestrians
and accommodate benches, planters, street trees and street lights.
[5]
Decorative crosswalks shall be used to connect the public walkway
system and help slow down traffic to create a pedestrian friendly
environment.
[6]
Barrier-free walkway systems shall be provided to allow pedestrian
access to buildings or uses from parking lots and public sidewalks.
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Pedestrian Space Example
|
(p)
Parking.
[1]
Parking location.
[a]
Off-street surface parking shall be located at
the rear of the building and on the interior of lots. Parking shall
be accessed by means of common driveways preferably from side streets.
Off-street parking shall be prohibited in any front yard setback area.
[b]
Parking on the side of buildings is discouraged;
but if parking is located to the side of buildings it must be heavily
screened from the street.
[c]
Parking shall be set back a minimum of 10 feet
from side and rear yards and rear building façade.
[2]
Parking layout.
[a]
Parking lots shall be limited in size where possible
and interconnected with commercial parking lots on adjacent properties.
Shared parking areas and shared driveways are strongly encouraged.
Cross access easements for adjacent lots with interconnected parking
lots shall be required, in language acceptable to the Township.
[b]
Pedestrian crosswalks shall be provided within
parking lots.
[c]
Parking lot design shall consider pedestrian circulation.
Pedestrian crosswalks shall be provided and linked to the wider pedestrian
network. Pavement textures shall be required on pedestrian access
ways, and strongly encouraged elsewhere in the parking lot, as surfacing
materials, or when used as accents.
[d]
Parking lots shall meet New Jersey ADA requirements
for handicapped parking.
[3]
Parking lot landscaping.
[a]
Parking lots shall be suitably landscaped to provide
shade and visual relief. At least one shade tree a minimum of 3 inch
caliper in size shall be provided for every 10 cars in the parking
lot. At least, 10% of the lot shall be green. A stonewall or evergreen
hedge at least 4 feet in height shall be used to screen parking along
the front lot line. The perimeter edge of the parking lot shall be
planted with evergreen hedges, shade trees, shrubs, related ground
covers.
[b]
For parking lots over 2 rows, 5 foot wide planted
aisles shall be located between the rows to provide room for shade
trees, shrubs and other plant materials. Also landscaping shall be
installed in the parking lot islands to provide shade coverage in
the parking lot. The height of any required screen shall decrease
where driveways approach sidewalks or walkways, to provide adequate
visibility for pedestrians from motor vehicles, and shall not interfere
with sight triangle requirements. Diamond-shaped planters for trees
may be utilized for tree plantings if the applicant shows there is
insufficient space on the lot for the 5 foot wide planters.
(q)
Loading and service areas.
[1]
Loading and service areas, trash receptacles and utility boxes
shall be placed in visually unobtrusive locations in the side or rear
of the buildings. The service areas shall be integrated with the building
design. Recesses in the building, or depressed access ramps can also
be used. Shared area for such service areas shall be considered.
[2]
Screening shall be provided to block direct views into these
areas. A solid wall, a minimum of 6 feet in height and constructed
of stone or similar material compatible to the building shall be used
to screen trash and service areas. Materials shall be heavy duty and
able to withstand loading activities. Heavy duty, solid gates of metal
or wood framed with metal shall be used to screen openings around
trash and service areas.
[3]
Chain link fencing including use of wood or plastic slats and
wood stockade fencing is prohibited for screening of trash and service
areas.
[4]
Appropriate measures shall be taken to prevent bears and other
animals from gaining access to trash receptacles and dumpsters.
[5]
Walls and fences shall in all public areas be constructed to
match the architectural detail of the principal structure and shall
not be located abutting residential property.
[6]
Property owners and businesses are encouraged to consolidate
and share refuse areas and equipment to the best extent possible.
Exterior storage units are prohibited. Storage rooms, or areas, may
be built into a building, subject to proper means of pedestrian and
vehicular traffic control, and further that said storage area shall
be necessary as part of an approved premises or use.
(r)
Walls, fences and guiderails.
[1]
Walls and fences shall be architecturally compatible with the
style, material and colors of the principal building on the lot. Fences
and screen walls shall be limited to a maximum height of 4 feet except
they must be 6 feet in height when used as a buffer for service area
enclosures.
[2]
Walls can be used as seating walls and for privacy. Stonewalls
are the preferred material for walls and accent elements in the Town
Center. Stone walls shall be topped with a stone or cast stone cap.
[3]
Fencing may be used for screening and to define spaces such
as courtyards and semi-private spaces. Decorative metal or cast iron
fences are desirable. Solid decorative fences are permitted only in
the side and rear yards. Within the front yard, fences shall be at
least 50% open. Wood picket fences with either stone or wood piers
are desirable. Chain link, highway-style guard rail, or contemporary
security fencing such as barbed wire or razor wire, are prohibited.
[4]
Walls or fences over 50 feet in length shall require piers set
no further than 20 feet on center. Corners and entrances shall be
defined with articulated piers or posts.
[5]
Structural retaining walls over 4 feet in height must be designed
by a professional engineer. They shall be constructed of the Highland
wall stone system as manufactured by Grinnell or approved equal. Stone
or brick veneers are permitted but not preferred.
[6]
Guide rails within the Town Center shall be of a wood timber
design in accordance with the Vernon standards. Metal guide rails
are prohibited.
[7]
Walls and fences shall not interfere with sight triangle requirements
of this chapter.
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Decorative Wall Example
|
(t)
Outdoor cafes.
[1]
Outdoor cafes shall be permitted on sidewalks, plazas and courtyards,
provided pedestrian circulation or access to store entrances is not
impaired.
[2]
Sidewalk cafes shall maintain a minimum of 4 feet of passable
sidewalk to allow for pedestrian circulation.
[3]
Removable enclosures are encouraged and shall be used as a way
of defining the area occupied by the cafe. Extended cloth or canvas
awnings, colorful canopies or large umbrellas are also recommended
as a way to define the dining area.
[4]
The operators of outdoor cafes shall be responsible for maintaining
a tidy appearance within the area of their activities.
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Outdoor Café Example
|
(u)
Sidewalk displays.
[1]
Displays, limited to the premises (or their products and services)
are permitted directly in front of an establishment along the sidewalk,
provided at least 6 feet of clearance is maintained at the storefront
entrance and at least 4 feet of sidewalk is maintained by pedestrians.
Displays are permitted in the rear and side yards of the premises,
provided that said display is temporary, defined as being readily
removed and is not a permanent fixture, attractive and may not generally
exceed 6 feet in height.
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Sidewalk Display Example
|
(v)
Awnings.
[1]
Fixed or retractable awnings are permitted at ground floor level,
and on upper levels where appropriate, provided they complement a
building's architectural style, are compatible with its materials,
colors and details, do not conceal architectural features, such as
cornices, columns, pilasters or decorative details, do not impair
façade composition, and are designed to work within the building's
facade subdivisions. Awning shapes shall reflect the shape of the
top of the opening to which they relate.
[2]
Canvas is the preferred material, although other water-proofed
fabrics may be considered. Metal or aluminum awnings are prohibited.
Solid and striped patterns are preferred. Colors of awnings shall
be compatible with the building and sign colors.
[3]
Canopies are permitted, and may extend over the sidewalk, but
shall not restrict pedestrian circulation, and shall follow the standards
set forth for awnings.
[4]
Particular attention shall be taken with selection of the appropriate
supporting structure and hardware, as well as with the location and
method by which it is attached to the building façade.
[5]
In buildings with multiple storefronts, compatible awnings shall
be used as a means of unifying the structure.
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Awning Example
|
C.
MTC Mountain Conservation classification
and district; source; intent and purpose.
(1)
Certain lands comprising part of Hamburg Mountain are subject
to a deed restriction benefitting the public, which restriction limits
the use of such lands to "… parks, natural areas, forests,
camping, fishing, water reserves, wildlife, reservoirs, hunting, boating,
winter sports, and similar uses, for either public outdoor recreation
or conservation of natural or historic resources, or both." Such language
effectively incorporates the language of N.J.S.A. 13:8A-37f which
defines "recreation and conservation purposes," and which includes
"natural areas." This definition is part of the "New Jersey Green
Acres Land Acquisition and Recreation Opportunities Act." That Act
principally contemplates the governmental acquisition of lands for
outdoor recreation and conservation purposes. Acquisition for public
purposes can be accomplished under the Act by "… a restriction
on the use of land by others including owners of other interests therein;
such interest or right sometimes known as a conservation easement.
[sic]"
(2)
As grantor of the lands subject to this restriction, New Jersey
Department of Environment Protection ("DEP") appears to have subsequently
vested considerable discretion in the Township as to the interpretation
and enforcement of the restriction. This places the Township in a
position of broad responsibility, since the "public" to be benefitted
would presumably extend beyond the citizenry of Vernon Township.
(3)
Since it would appear that DEP's reservation of rights on behalf
of the public is clearly in the nature of a "conservation restriction,"
the Township takes notice of the Legislature's definition of that
term as:
"An interest in land … appropriate to retaining land
or water areas predominantly in their natural, scenic or open or wooded
condition, or for conservation of soil or wildlife, or for outdoor
recreation or park use, or as suitable habitat for fish or wildlife,
to forbid or limit any or all:
(1)
Construction or placing of buildings, roads, signs, billboards,
or other advertising, or other structures on or above the ground.
(2)
Dumping or placing of soil or other substance or material as
landfill, or dumping or place of trash, waste or unsightly or offensive
materials.
(3)
Removal or destruction of trees, shrubs or other vegetation.
(4)
Excavation, dredging or removal of loam, peat, gravel, soil,
rock or other mineral substance.
(5)
Surface use except for purposes permitting the land or water
area to remain predominantly in its natural condition.
(6)
Activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation, or fish and wildlife habitat
preservation.
(7)
Other acts or uses detrimental to the retention of land or water
areas according to the purposes of this chapter." N.J.S.A. 13:8B-2B
(4)
Having employed the legal device
of "conservation restriction" in order to give effect to the language
of the restriction which incorporates the defined scope of "recreation
and conservation purposes" under N.J.S.A. 13:8A-37f, it would seem
that the state has contemplated use of these lands which is substantially
more limited than the uses permitted under the CR Commercial Recreation
classification, making the permissible use of these lands significantly
inconsistent with that zoning classification. The Mountain Conservation
classification is thus designed to reconcile the different controls
which regulate the use of these lands. The classification and district
are further designed to be consistent with the restricted use of the
Hamburg Mountain Wildlife Management Area in Vernon and Hardyston
Townships, and to promote the types of recreational activities, such
as hiking, fishing, and cross-country skiing, as are contemplated
in the Land Use Plan of the Master Plan as "eco-tourism" for the Conservation
District. Finally, this classification would limit disturbance of
woodlands, steep slopes, wildlife habitats and other environmentally
sensitive areas, as well as preserve the profile of the mountain's
ridgeline, all as contemplated in the Conservation Plan of the Master
Plan. Accordingly, use of these lands shall be restricted as follows:
(a)
Permitted principal uses: outdoor recreation and conservation,
including parks, natural areas, historic areas, forests, camping,
fishing, water reserves, preservation and appreciation of wildlife,
reservoirs, hunting, boating, winter sports and similar uses for either
public outdoor recreation or conservation of natural resources, or
both (N.J.S.A. 13:8A-37f).
(b)
Permitted accessory uses: ancillary improvements to land or
water areas designed to expand and enhance their utilization for outdoor
recreation and conservation purposes, including ancillary roadways,
parking, landscaping, fencing, lighting, utilities and buildings in
support of outdoor recreation (N.J.S.A. 13:8A-37d).
(c)
Except as necessary or appropriate in support or furtherance of outdoor recreation and conservation under Subsection C(4)(a) of this section, and/or unless necessary or appropriate as an ancillary accessory use under Subsection C(4)(b) of this section, the following shall be prohibited in accordance with N.J.S.A. 13:8B-2b:
[1]
Construction or placing of buildings, roads, signs, billboards,
or other advertising, or other structures on or above the ground.
[2]
Dumping or placing of soil or other substance or material as
landfill, or dumping or placing of trash, waste or unsightly or offensive
materials.
[3]
Removal or destruction of trees, shrubs or other vegetation.
[4]
Excavation, dredging or removal of loam, peat, gravel, soil,
rock or other mineral substance.
[5]
Surface use except for purposes permitting the land or water
area to remain predominantly in its natural condition.
[6]
Activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation, or fish and wildlife habitat
preservation.
[7]
Other acts or uses detrimental to the retention of land or water
areas according to the purposes of this chapter.
(d)
Interpretation: The scope and nature of permitted principal
and accessory uses in the MTC District as contemplated in this subsection
shall be construed in a manner which is consistent with the construction
and enforcement of the said deed restriction by the State of New Jersey,
its designees, assigns and successors. This subsection is intended
to be no more and no less restrictive than the said deed restriction.
D.
SR Seasonal Recreation District.
(1)
Only proprietary campgrounds facilities and wilderness campgrounds
as defined by and subject to the Proprietary Campground Facility Health
and Safety Standards of the State of New Jersey shall be permitted
in this district. Such facilities and campgrounds are further subject
to the requirements contained in this section. Cabins, permanent or
semipermanent huts or other similar immobile living accommodations
are prohibited.
(2)
Accessory uses.
(a)
The contents or omissions of Schedule A[2] of this article notwithstanding, the following shall also
be permitted as accessory uses within proprietary campgrounds authorized
under this section on lots within such campgrounds upon which a camping
unit has been placed; provided, however, that any such accessory structures
authorized hereby shall be removed from the lot if the camping unit
to which they are appurtenant is removed from the lot and not returned
or replaced by another such camping unit within one year from the
date of said removal:
[1]
Decks and covered porches: one deck or one covered porch.
[2]
Screen houses and gazebos: one screen house or one gazebo.
[3]
Storage sheds: one storage shed.
[2]
Editor's Note: Schedule A, Permitted, Conditional and Accessory Uses and Structures, is included at the end of this chapter.
(3)
No permanent or year-round occupancy of the campsites is permitted.
Only such use as is seasonal in nature and clearly incidental to recreation
and resort activities shall be permitted. No recreational vehicles
shall be occupied for more than 10 continuous days between November
1 and March 31 or such other time as seasonal water supply is not
in service.
(4)
Except as may be expressly and specifically permitted pursuant
to this section or article, permanent decks or other similar permanent
structures are prohibited.
(5)
Supplementary regulations for campgrounds.
(a)
Outdoor storage of materials or equipment in all front yards
and buffer strips shall be prohibited, and, further all other outdoor
storage shall be prohibited unless the same is necessary for the operation
of the campground and has been approved by the Planning Board.
(b)
Permanent storage sheds, permanent decks, and other similar permanent structures are prohibited, except as and to the extent authorized under Subsection D(2) of this section.
(c)
All outside lighting shall be installed so as not to cause glare
onto adjoining buildings or properties or upon public streets or roads.
(d)
Signs displayed on any lot shall be limited to those adequate
to identify respective use or occupancy, and shall be in conformance
with Section _____. All bare light sources shall be shielded from
direct view. Moving or flashing illumination is prohibited. Advertising
signs or devices are prohibited.
(e)
Location. No campsite shall be less than 100 feet from any public
right-of-way or from a project area line. No campsite shall be located
less than 50 feet from the bank of any stream or within 50 feet of
any shore line or any area subject to periodic inundation from surface
or subsurface water.
(f)
Campsite density and area. The density of campsites in a project
area shall not exceed an average of 10 per acre on any given acre.
Each campsite, including parking space, shall provide a minimum of
1,800 square feet of space.
(g)
Campsite occupancy. Each campsite may accommodate only one camping
unit occupied by the camper and party, provided that the number of
occupants of the camper shall be limited to the manufacturer's specifications
for sleeping accommodations of the camper.
(h)
Access roadways: vehicular and pedestrian.
[1]
Access for camping vehicles and other vehicular traffic to the
campgrounds shall be from an arterial interior access road of sufficient
width for two camping vehicles to pass conveniently, and constructed
so as to minimize dust, ruts and mud holes in accordance with the
standards approved by the Township Engineer. All other interior roads
or drives shall, if possible, connect with the interior arterial road.
Such other streets shall not be paved but shall be maintained with
gravel surface and kept in passable condition at all times, and such
roads and drives shall be of sufficient width to accommodate one camping
vehicle. There shall be spaces provided at the side of such roads
and drives at appropriate intervals to allow vehicles to pass. All
such roads or drives shall be and remain private streets.
[2]
Every section within a project area shall have at least 100
feet of frontage on an interior arterial access road.
(i)
Sewage disposal. The applicant shall provide an acceptable method
of disposal for all sewage in accordance with all state and local
health requirements.
(j)
Surface drainage. All necessary drainage shall be provided as
required by the Planning Board on the advice of the Board Engineer,
which drainage shall be adequate considering the seasonal nature of
the use.
(k)
Landscaping. Landscaping plans shall be submitted as part of
the site plan review process in both map and written form and shall
indicate the types of trees and shrubs to be used.
(l)
Access drives and paths. Individual access drives to each campsite
and camper pads of crushed stone or gravel shall be constructed by
the applicant.
(m)
Rules to be filed. All rules and regulations governing the use
of the campground proposed to be established by the applicant or,
in the case of condominiums, copies of the proposed master deed, association
bylaws and facilities license agreement, shall be submitted to and
approved by the Planning Board. Once approved by the Planning Board,
no changes shall be made without Planning Board approval.
(n)
Statement of operator. The owner or operator of every campground
shall file with the Township Clerk a statement giving the name, address
and telephone number of the person principally responsible for the
operation of said campground, to whom any complaints for violations
of this chapter or any other ordinance of the Township can be referred
for correction. The owner or operator shall immediately notify the
Township Clerk of any change in the name, address or telephone number
of said responsible person.
(o)
Power of attorney to accept process. Where the owner or operator
of any campground is a nonresident of the County of Sussex or is a
corporation or partnership having its principal place of business
elsewhere than in the County of Sussex, said owner or operator shall
file with the Township Clerk, and shall keep on file, a power of attorney
authorizing the Township Clerk to accept service of process for and
on behalf of said owner or operator. Any complaint or other legal
process so served upon the Township Clerk, pursuant to said power
of attorney to accept process, shall be deemed service upon the owner
or operator, and the Township Clerk shall immediately forward such
complaint or other legal process to the owner and/or operator at the
address shown in the power of attorney, by certified or registered
mail, return receipt requested.
(p)
All accessory structures permitted under Section _____ of this
chapter shall be freestanding, and no such structure shall be attached
to the camping unit to which it is appurtenant or any other structure
or improvement. "Zero" clearance is permitted. All such accessory
structures shall be a minimum of eight feet from any road which abuts
the property on which it is located.[3]
(r)
Unless otherwise provided in this chapter, no single accessory structure allowed pursuant to Subsection D(2) of this section shall have a square footage in excess of 400 square feet or the square footage of the camping unit to which it is appurtenant; whichever is less. The total aggregate square footage of all such accessory structures on any single camping lot shall not exceed 600 square feet.
(s)
Porches and gazebos permitted pursuant to Subsection D(2) of this section may only be enclosed with screening material. Solid wall coverings, glazing, knee walls or any other method of enclosure is expressly prohibited. Eighty percent of the perimeter wall area of any such porch or gazebo shall be open (i.e., enclosed by screening material).
(t)
No accessory structure permitted pursuant to Subsection D(2) of this section shall be constructed on any camping lot until the owner is in possession of a construction permit duly issued by the Vernon Township Construction Official and all approvals required by the governing body of the campground operator. All such structures shall conform to the applicable building codes governing same. Any such structure which shall exceed 100 square feet shall be built in modular sections and constructed in such a way as to be easily removable. The Construction Official shall ensure such modular construction meets all building codes and can be readily disassembled.
E.
Private Leasehold Lake Communities (PLLC) District.
[Added 12-13-1999 by Ord.
No. 99-27]
(1)
Purpose. The purpose of the Private Leasehold Lake Community
District is to establish specific regulations for structures in unsubdivided
lake communities such as Lake Pochung and Laurel Lake.
(3)
Existing single-family structures in unsubdivided lake communities
must meet the following standards:
(a)
Minimum distance between buildings: 20 feet.
(b)
Minimum distance to lake: 15 feet or the existing setback, whichever
is greater.
(c)
Minimum distance to center line of any road or common driveway:
15 feet or existing setback, whichever is greater.
(d)
Maximum size of addition: 100% of the existing structure or
500 square feet, whichever is less.
(4)
Accessory structures.
(5)
Any new principal structure built in the PLLC District must
meet the requirements of the PLC Zone District.
F.
Public Use District.
[Added 12-13-1999 by Ord.
No. 99-27]
(1)
Purpose. It is the purpose of this district to establish a zone
regulating public open space and government uses.
(2)
Permitted uses.
(a)
Public recreation, open space and conservation areas.
(b)
Community, cultural, recreational, athletic, social and educational
facilities owned and operated by a public entity.
(c)
Public parks, roads and other public areas.
(d)
Agricultural uses.
(e)
Single-family detached dwellings as regulated in the Conservation
Zone District.
(3)
Accessory uses. Any use that is customarily incidental to a
principal permitted use.
G.
Mountain Resort. The following provisions shall apply to a Mountain
Resort.
[Added 6-12-2000 by Ord.
No. 00-14; amended 11-15-2001 by Ord. No. 01-26; amended 7-10-2006 by Ord. No. 06-21]
(1)
Purpose. The purpose of this paragraph is to establish provisions
for a Mountain Resort complex in conjunction with outdoor recreational
and conservation uses in adjacent conservation zones. It is contemplated
the Mountain Resort would encompass a substantial area of land, and
that the use of such land would be coordinated with recreational and
conservation uses in a common theme operated as a single entity. The
intent is to allow for the creation of a major regional resort and
conference destination providing a wide array of indoor and outdoor
activities consistent with the resort nature of the area. This paragraph
contemplates the establishment of a resort village featuring pitched
roofs, articulation of the planes of buildings, balconies and other
ornamental features, together with the establishment of complementary
uses designed to create development in harmony with the valley and
the mountains.
(2)
Principal Use. The sole permitted principal use in the MR zone
district shall be a Mountain Resort. For purposes of this paragraph,
a Mountain Resort shall mean a planned commercial development in which
a ski area, ski resort, conference center, recreational facilities,
spa and wellness center, shopping centers, art centers, hotels and
other resort lodging, retail sales, restaurants, galleries, offices,
and recreational uses, in any approved combination thereof, would
establish a resort, operated as a single entity under a common theme.
(3)
Zoning Requirements.
(a)
A Mountain Resort shall consist of no more than 1.6 million
square feet of space among the various elements.
(b)
There shall be a maximum of 133 vacation type units included
in a Mountain Resort. "Vacation type units" shall be attached townhouse
style units constructed on grade.
(c)
There shall be a maximum of 1,677 hotel units in a Mountain
Resort.
(d)
There shall be no more than 220,000 square feet of other commercial
space, including ski resort support services, but excluding hotel
units and vacation type units.
(e)
The minimum tract area for establishment of a Mountain Resort
shall be 200 acres.
(f)
Of the total acreage, at least 80 acres shall be available for
development, meaning it is not subject to deed restrictions or easements
which prohibit development.
(g)
The lots comprising the tract area shall be contiguous, except
for intervening public streets, and any railroad right-of-way, in
order that a perimeter boundary may be established to delineate the
boundaries of the Mountain Resort.
(h)
Portions of the resort may be subdivided for purposes of financing
and conveyance. All lands shall be subject to common covenants, conditions
and restrictions in order to make certain the various elements of
the resort will continue to operate as a single entity under a common
theme, regardless of ownership. In this regard, a form of deed restriction
shall be established as a blanket covenant and restriction designed
to perfect the purpose of this paragraph in the event of any sale
of a hotel unit, vacation type units, other commercial component,
building or a portion of any building.
(i)
The buildings within the Mountain Resort shall be located within
1,200 feet west or north of State Highway 94, and within 500 feet
east or south of State Highway 94.
(j)
Buildings shall not exceed four and one-half (4 1/2) stories,
and sixty-five (65) feet in height as measured from final grade, except
as hereinafter provided. The applicant may construct one set of buildings
on land bordered by Sand Hill Road and the northerly side of Route
94, so as to take advantage of the terrain. At such location, the
height of that building or combination of buildings shall not exceed
seven and one-half (7 1/2) stories and one hundred (100) feet
as measured from final grade. For the portion of such building or
buildings within sixty (60) feet from the edge of pavement of Route
94, no more than four (4) stories may be constructed at a maximum
height of fifty (50) feet measured from final grade. The set back
from Sand Hill Road on such building or buildings shall be a minimum
of sixty (60) feet, except that the setback for a covered entrance
or an entrance to a parking area, shall be set back a minimum of twenty-five
(25) feet. Except for the building or buildings facing Sand Hill Road,
the finished grade at the front of any building shall be measured
from that portion of the building or buildings facing Route 94. It
is recognized that buildings west or north of Route 94 may be higher
than four and one-half (4 1/2) stories, but no such portion of
any building shall be permitted to exceed seven and one-half (7 1/2)
stories and one hundred (100) feet as measured from average grade
along any single façade.
(k)
All stories above the first floor shall be limited to resort
lodging, except that other commercial space may exist on the second
floor if the access is from the first floor. Spa and/or conference
center space may be located anywhere within any building.
(l)
Buildings shall be set back a minimum distance of ten (10) feet
from any public right-of-way. Otherwise, there shall be no required
minimum setback, except as may be required for emergency access and
fire safety.
(m)
Parking requirements shall be
as follows:
(i)
The vacation type units shall be provided with 300 parking spaces.
(ii)
The hotel units shall be provided with 1.25 parking
spaces per unit. Of those spaces, .85 per unit shall be under grade,
and not visible from any public street.
(iii)
In addition to parking for vacation type units
and hotel units, a Mountain Resort shall, at all times, maintain a
minimum of 1,000 additional surface parking spaces.
(iv)
In addition, there shall be provided surface parking
at the rate of 13 spaces for each 1,000 square feet for the maximum
of 220,000 square feet of other commercial space permitted in the
Mountain Resort.
(v)
The under grade parking shall be permitted to be 9 feet wide
by 18 feet long, recognizing they will be used by resort residents.
All surface spaces shall be of a size required by the code applicable
to other commercial uses.
(vi)
All required surface parking does not have to
be located on the tract of land being used as a Mountain Resort, nor
does it have to be located in the MR zone district. Any application
for development shall be required to establish the required number
of parking spaces, in close proximity to the resort, to the satisfaction
of the Planning Board, including a means of transportation from parking
areas to the various attractions at or around the resort. On tract
parking decks may be used to satisfy the parking requirement.
(vii)
In any application for development, the developer
shall be permitted to defer construction of 40% of the surface parking
required in Paragraph G(3)(m)(iv), above, until construction of a
total of 800,000 square feet of space. Thereafter, the developer shall
be required to construct the deferred parking, or seek a waiver from
the requirement to construct those spaces by establishing to the Planning
Board that the spaces are not presently necessary, and establishing
in a site plan where those reserved spaces would be constructed, if
necessary in the future. Subsequent to construction of the first 800,000
square feet of space, the developer may continue to seek a waiver
for up to 40% of the additional required surface parking under Paragraph
G (3) (m) (iv); not as an automatic deferral, but by establishing
the lack of present need and by establishing in a site plan where
the reserved parking would be constructed, if necessary. In order
to obtain the waiver, the applicant shall establish, that the required
parking is not necessary at the time of the application. In making
such a request, the developer shall be required to show the total
amount of required parking can be constructed in the event it proves
to be necessary. The Planning Board may require some form of surety
to guarantee the parking is constructed, if it is determined to be
necessary.
(n)
In the event of a subdivision in connection with the Mountain
Resort, there shall be no restrictions on frontage, lot size or dimension
or maximum impervious or building coverage in connection with the
development, provided maximum building coverage for the entire Mountain
Resort is no greater than 10%, maximum impervious coverage for the
Mountain Resort is no greater than 25% and maximum newly permitted
site disturbance is no greater than 50%.
(o)
The following specific uses shall
be permitted as components of a Mountain Resort:
(i)
Resort lodging
(ii)
Bakeries
(iii)
Banks and financial institutions, including ATM's,
either with a banking facility or as a stand alone machine
(iv)
Barber and beauty shops
(v)
Bookstore/newsstand/card shop
(vi)
Bicycle and sports related rentals, sales and
service
(vii)
Childcare facilities
(viii)
Cocktail lounges and bars
(ix)
Conference center and support services, including
stationery and supplies
(x)
Delicatessens/coffee shops
(xi)
Drug stores and pharmacies
(xii)
Galleries
(xiii)
Grocery and convenience stores
(xiv)
Health clubs
(xv)
Indoor recreation uses (e.g., amusements and arcades)
(xvi)
Learning center (e.g., Audubon Society)
(xvii)
Liquor stores
(xviii)
Water park/miniature golf/related recreation
(xix)
Nightclubs/dance clubs
(xx)
Offices
(xxi)
Outdoor festival and art show, commercial retail
and food and beverage
(xxii)
Restaurants
(xxiii)
Resort support services (e.g., gondolas, water
park support, resort sales and operation centers, skier information
services, transit center, lift ticket offices, event areas)
(xxiv)
Spas and personal service
(xxv)
Theatres
(xxvi)
Clothing and other merchandise sales
(xxvii)
Temporary uses which are customary and incidental
to a resort, including but not limited to festivals, concerts, events,
picnics, shows, games and other temporary gatherings or event.
(xxviii)
Other commercial, retail, and service uses
of similar character normally associated with a resort.
(p)
Except as modified by this paragraph, the bulk criteria of the
CR zone district as currently in effect as of the date of adoption
of this paragraph shall apply.
(4)
Miscellaneous Requirements. The following provisions shall apply
to a Mountain Resort:
(a)
A developer shall seek general development plan (GDP) approval
for a Mountain Resort, and seek individual site plans in connection
with the creation of a Mountain Resort. An application for GDP approval
shall be submitted in anticipation of submission of applications for
site plan approval, or be submitted in conjunction with any such site
plan application. A preliminary site plan application that is filed
prior to the effective date of this ordinance may proceed without
the filing of a GDP plan on condition that: (1) the developer establishes
to the Planning Board, conceptually, how the site plan improvements
will be coordinated with the entirety of the Mountain Resort; and
(2) GDP approval is obtained prior to obtaining final site plan approval.
[Amended 9-18-2006 by Ord. No. 06-32]
(b)
Any applicant for any component of a Mountain Resort must submit
a parking plan and traffic control plan as part of the submission.
The plans shall present a comprehensive means for providing efficient
handling of all components of parking and traffic. For each phase
of submission, there shall be required an updated parking and traffic
management plan demonstrating how the requirements for all guests,
employees, visitors and staff will be satisfied.
(c)
The development shall make adequate accommodation for the flow
of traffic to be generated to and from the resort, as well as provide
for safe and efficient vehicular circulation within the development.
(d)
The developer shall design an attractive streetscape in all
portions of the development, which shall not be altered or changed
in any way without approval of the Vernon Township Planning Board.
(e)
A landscape plan shall be designed to enhance the particular
identity and character of the site, and create a pleasant entry experience
for vehicles and pedestrians by means of street trees, lighting, buffers,
walkways, street furniture, and accessory structures designed to create
and enhance the resort atmosphere, all as may be approved by the Planning
Board.
(f)
The developer shall design a lighting plan to be approved by
the Planning Board.
(g)
The developer shall create a system of signage in connection
with the use, which shall be designed to create and enhance the resort.
In this regard, the developer shall submit to the Planning Board a
proposed plan for signs in connection with the various components
of the plan, which plan for signs shall be complementary to the use,
enhance the resort theme, and be subject to Planning Board approval.
No operator of any facility within the resort shall be permitted to
change or alter the system and plan for signage without approval of
the Vernon Township Planning Board.
(h)
An important element of the Mountain Resort is pedestrian movement.
The developer shall design a pedestrian plan, as well as a system
of bike paths, which shall include walkways and travel ways which
are aesthetic in nature, and include links to current and future public
circulation systems.
(i)
There shall be a system of stormwater and sanitary sewerage
disposal facilities, potable water supply, fire protection, solid
waste disposal, and appropriate street lighting and traffic safety
signage presented to and approved by the Planning Board.
(j)
The plan shall be designed to preserve sunlight in major pedestrian
areas for much of the day, and ensure that public plazas and shopping
areas receive maximum sunlight throughout the year for safety, snow
removal and warmth.
(k)
In keeping with the resort theme, the plan shall include sitting
areas and plazas, and other places and structures such as hotel entrances,
fountains, and other amenities designed to enhance the resort experience.
(l)
The developer shall be required to design an adequate plan for
parking for skiers, visitors, and employees at appropriate locations
which shall be designed to create convenient and safe access.
(m)
The development shall be designed in order that prompt snow
removal within the Mountain Resort, when and where appropriate, can
be undertaken. The developer shall design a method for emergency medical
response services.
(n)
This paragraph references a "single entity" to operate the Mountain
Resort. To effectuate this, the developer shall establish a master
association, and such other building or neighborhood associations,
as are necessary to maintain or otherwise provide for required architectural
elements, common areas, trash removal, snow removal, pedestrian ways,
driveways and parking areas, and related elements. All uses shall
be subordinate to the Mountain Resort, and appropriate documents shall
be established by the developer, subject to the approval of the Township
Planning Board, to assure that buildings, structures and uses shall
be and remain under the ultimate authority of the Master Association.
It is recognized that certain elements within the components of the
resort may be owned by individual companies or persons, including
but not limited to, hotels, commercial and resort units. Pursuant
to this requirement, all such sales shall be subject to deed restrictions
and other requirements which may be approved by the Planning Board
in order to make certain the entire Mountain Resort use operates with
a coordinated common theme.
(o)
All site plans submitted in connection with the Mountain Resort
shall indicate existing wooded areas and individual specimen trees
a caliper of 12 inches or greater, measured 4 feet above the ground,
which may be located within the areas to be disturbed by the development
of buildings and structures.
(p)
Development on steep slopes may occur, provided adequate precautions
are taken in design and construction to prevent soil erosion and any
risks to public safety.
(q)
Evidence shall be established by the developer that buffer requirements
as well as depiction of rivers, streams, brooks, lakes, ponds, and
open waters are in accordance with the requirements of the New Jersey
Department of Environmental Protection.
(r)
An applicant seeking to establish a Mountain Resort shall submit
to the Planning Board a set of design standards for the treatment
of all buildings and structures, which shall be reviewed and approved
by the Planning Board. Upon approval of the design standards, the
standards shall not be altered or changed in any way without approval
of the Vernon Township Planning Board, which in reviewing any requests
for modifications or deviations shall have, as a paramount concern,
the need to maintain a common theme throughout the entire resort.
(s)
Hotel units and vacation type units, even though they may be
separately owned under the condominium form of ownership, shall not
be considered residential uses. Those units are commercial in nature.
As a result, those units are not subject to those provisions of the
subcode incorporating N.J.A.C. 5:21-1.1, et seq., (Residential Site
Improvement Standards). Those units are designed for resort lodging,
and for participation in a resort rental program. The units are subject
to the Township's Hotel Use and Occupancy Tax, and shall be compliant
with the requirements of Construction Code Use Group R-1. The occupancy
of units shall be primarily transient in nature, meaning occupancy
less than 30 days.
[Amended 9-18-2006 by Ord. No. 06-32]
A.
Campgrounds (public).
(1)
Principal uses shall be limited to recreational and/or instructional
camp facilities and public campgrounds, including campsites for tents,
lean-to(s), recreational vehicles, and cabins, excepting cabins for
permanent, year-round or extended occupancy and/or dwelling purposes.
(2)
All requirements of N.J.S.A. 26:4A-4 et seq. and N.J.A.C. 8:22-1.1
et seq. shall be satisfied with respect to, but not limited to, review
and approval by the Health Department, NJDEP and other appropriate
governmental agencies, construction, composition of a campground,
potable water supply, water closets and showers, sanitation, solid
waste, management, utilities, stormwater drainage, auxiliary buildings,
fire safety, infestation control, emergencies and public bathing.[1]
(3)
Outdoor storage of materials or equipment shall be prohibited
except where the same is appropriate or necessary to the safety and/or
reasonable function of the facility.
(4)
No permanent residency shall be allowed within a campground
facility.
B.
Home professional office in the R-1, R-2, R-3 and R-4 Districts.
(1)
No more than two persons not residing in the building shall
be employed on the premises.
(2)
The residential character of the premises shall remain substantially
unchanged.
(3)
The building shall continue to serve as the principal residence
of the professional practitioner.
(4)
Not more than 40% of the total habitable floor area of the building
may be used for the professional office.
(5)
Off-street parking shall be provided as follows: one space per
200 square feet of office area, plus two spaces for the resident family,
not counting garage spaces.
(6)
All bulk requirements for the respective zone pursuant to Schedule
B[2] shall be satisfied.
[2]
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
C.
Townhouses. Wherever townhouse development is permitted, the buildings
shall comply with the following requirements notwithstanding any other
provision of this chapter to the contrary:
(1)
The minimum tract size shall be 10 acres.
(2)
The maximum density shall be four units per acre.
(3)
The maximum number of units per building or structure shall
be eight.
(4)
The maximum length of a structure in any direction shall be
200 feet.
(5)
The maximum building coverage shall be 20%.
(7)
The minimum distance from a structure to a tract boundary line
shall be 50 feet.
(8)
The minimum width of any unit shall be 20 feet.
(9)
No more than two units shall have their front or rear facade
in the same plane. Building offsets shall be a minimum of four feet.
(10)
No unit shall contain more than three bedrooms; no more than
20% of the units in any housing tract shall have three bedrooms; and
not more than 20% of the units in any housing tract shall have two
bedrooms; all remaining units shall be one-bedroom units or efficiency
units with no separate bedrooms.
D.
Sale of seasonal farm produce. (Reserved)
E.
Places of worship shall be permitted in all districts in accordance
with the following requirements:
[Added 12-13-1999 by Ord.
No. 99-27]
(1)
Such use shall be subject to site plan review and approval.
(2)
Lot area. Minimum lot area shall be five acres.
(3)
Frontage. Minimum street frontage shall be 200 feet.
(4)
Front yard. Minimum front yard depth shall be 100 feet.
(5)
Side yards. Minimum side yards shall be 50 feet.
(6)
Rear yard. Minimum rear yard depth shall be 100 feet.
(7)
Parking. All parking shall be located in the rear or side yards
and a minimum of 25 feet from any property line and shall be screened
from view from adjacent properties.
(8)
Residences for clergy shall be permitted on the same lot as
the place of worship and shall meet all bulk requirements of the zone
where located.
F.
Two-family structures. Two-family structure developments provide
opportunities for alternate housing for all income levels in the R-4
zone district and shall comply with the following requirements not
withstanding any other provision of this chapter to the contrary:
[Added 5-22-2006 by Ord.
No. 06-12]
(1)
Minimum tract area shall be 5 acres.
(2)
Maximum density shall be four units per acre.
(3)
Maximum number of units in a building shall be two.
(4)
Maximum building height shall be 40 feet or 3 stories.
(5)
Minimum lot area shall be 10,000 square feet.
(6)
Minimum lot width shall be 100 feet.
(7)
Minimum lot depth shall be 100 feet.
(8)
Minimum front yard setback shall be 30 feet (principal structures):
20 feet (front porch).
(9)
Side yard setback shall be 12 feet one side or 30 feet for both
sides.
(10)
Rear yard setback shall be 30 feet unless a garage is placed
in the rear yard whereby the setback is reduced to 5 feet.
(11)
Maximum lot coverage shall be fifty (50%) percent.
(12)
Maximum building coverage shall be twenty (20%) percent.
(13)
Attached garage per structure (not per unit) shall contain no
more than two (2) cars.
(14)
Parking requirement pursuant to Residential Site Improvement
Standards (RSIS).
G.
Two-family development lots. One two-family structure or two single-family
homes on farm assessed properties provide opportunities for alternate
housing for farm family and relatives and/or employees of the farm
in the R-1, R-2, R-3, R-4, C-1, C-2, C-3, CR, AET and LI zoning districts
and shall comply with the following requirements not withstanding
any other provision of this Chapter to the contrary:
[Added 6-12-2006 by Ord.
No. 06-13]
(1)
Minimum lot area shall be one (1) acre and be suitable for septic
disposal as determined by Township Engineer and Township Health Officer.
(2)
Maximum number of units per lot shall be two.
(3)
The bulk and yard requirements shall be the same as those listed
in Schedule B (Section 330 Attachment 3) for the R-3 zoning district.
(4)
Farming and agricultural uses are limited to the remainder of the farm assessed tract and such uses are subject to the Right To Farm Act, N.J.S.A. 4:1C-1 et seq. and shall be consistent with the provisions of Section 330-197 of this Chapter.
(5)
All accessory uses customarily incidental to the above mentioned
uses shall be permitted.
(6)
Notwithstanding any other provision in this Section, no such
two family structure or two single family structures shall be permitted
on any lot which has previously been subdivided from a farmland assessed
lot, it being the intention of this Section to provide alternative
housing for farming families and not to permit subdivision of farms
for the purpose of creating two family zones or developments.
[Added 9-13-2021 by Ord. No. 21-25]
A.
Eligible locations. Facilities for cannabis retailers shall be no
less than 2,000 feet from any school, public park, public ball field,
child-care center, or the Vernon PAL facility.
B.
Location. Cannabis retailers shall be separate and distinct from
growing operations.
C.
Buildings. All cannabis retailers shall be enclosed in heated/air-conditioned
permanent buildings, not trailers, outdoors, movable kiosks, etc.
D.
Signage. Signs shall be limited to location identification/name of
business. Signage shall not promote consumption of any cannabis products.
E.
Site plan approval. When seeking site plan approval, the applicant
for cannabis retailers shall submit a safety and security plan and
emergency services access plan.
F.
Application requirements. Cannabis retailers shall submit an application
to the Township of Vernon that shall include a community outreach
plan, a business plan, a security plan, and a plan for preventing
underage persons from entering the business.
G.
Accessibility. Any cannabis retailer shall only have one primary
public access point, which shall be directly adjacent to the right-of-way
or parking area of the building. Access should not be through common
entrances with other uses.
H.
Hours of operation for cannabis retailers shall be limited to 9:00
a.m. to 10:00 p.m.
I.
Interior security. Cannabis retailers' interiors shall provide
a secure location for storage of products with minimum products in
any customer service area.
J.
Exterior loitering and security. People shall not be permitted to
congregate outside of a cannabis retailer, loiter or wait in line
to access the cannabis retailer. The facility shall have a plan in
place if interior capacity is exceeded, i.e., numbers are given and
customers wait in their vehicles until called.
K.
Product consumption: No products shall be permitted to be consumed
on-site.
L.
State license. The facility must have a valid license to operate
from the State of New Jersey.
M.
A total of 15% of the funds received from the 2% tax on the gross
sales of retail cannabis sales stores will be designated for training
and equipment for Vernon Township police officers, drug recognition
experts, and their associated costs, and substance abuse educational
programs.
N.
A total of 10% of the funds received from the 2% tax on the gross
sales of retail cannabis sales stores will be designated for the Municipal
Zoning Department for administration and enforcement purposes.
O.
Any cannabis facility is subject to compliance with all state laws,
regulations and guidelines with respect to cannabis licenses issued
by the State of NJ.
[Added 5-8-2000 by Ord.
No. 00-17]
A.
The Township of Vernon has recognized the need to permit personal
wireless telecommunications towers, equipment and facilities in appropriate
locations in the Township.
B.
The intent of this section is to allow these facilities as conditional
uses on municipal property or within the public right-of-way of major
traffic corridors in nonresidential zones within the Township of Vernon
or within the public right-of-way of all state or county roads within
the Township of Vernon or on approved existing lawful structures in
any zone. Wireless communications facilities are expressly prohibited
from being located on private property in a residential zone. However,
this prohibition shall not apply to the collocation of new antennas
on preexisting towers in residential zones, provided there are no
structural or aesthetic changes or a new facility that is completely
concealed within lawful existing structures.
C.
Purpose. The purpose of this section is to create the opportunity
to locate personal wireless telecommunications facilities in areas
in which there will be no substantial impact on the rural/undeveloped
character of Vernon Township. The intent of this section is to limit
the location of the such facilities to areas which are both acceptable
to communications companies wishing to provide service and consistent
with the above objectives; to insure that competition is fostered
among local wireless service providers; to insure that opportunities
for economic development are created; and to insure that the local
government benefits from the services offered by telecommunications
providers. The overriding objective of this section is to insure that
the public health, safety and welfare is safeguarded and that the
following goals are advanced:
(1)
Protect residential zones and uses from the potential adverse
impacts of wireless telecommunications towers, facilities and equipment;
(2)
Require the location of new wireless telecommunications towers,
facilities and equipment in specific locations within the Township;
(4)
Encourage collocation of new antennas on existing towers and
structures; and
(5)
Require the use of stealth technology for all new towers or
antenna locations through innovative design, siting and camouflaging
techniques.
D.
Conditional uses.
(1)
Location priorities. Locations are enumerated below in the order
of the location priority:
(a)
Existing lawful structures.
[1]
Existing buildings or structures owned by the Township of Vernon
may be utilized for the placement of personal wireless telecommunications
facilities, provided a license or lease authorizing such facilities
has been approved by the Vernon Township governing body, subject to
the following conditions:
[a]
The added equipment shall not extend higher than
25 feet above the existing structure upon which said equipment is
to be placed.
[b]
The added equipment shall not protrude beyond the
existing sides of the structure more than five feet.
[c]
Personal wireless telecommunications facilities
shall maintain a minimum fifteen-foot setback to any property line
and shall be appropriately landscaped as required by the approving
authority.
[2]
Existing wireline systems, such as conventional cable or telephone
wires, located along major traffic corridors in nonresidential zones
within the Township may be utilized to install a system of multiple
low-powered antennas. Similar technology that does not require the
use of towers may also be utilized within the same public rights-of-way,
subject to the following condition:
[a]
Antennas and all attendant facilities must be capable
of being mounted on existing structures.
[3]
Existing wireline systems, such as conventional cable or telephone
wires, located within the public right-of-way of any state or county
road within the Township may be utilized to install a system of multiple
low-powered antennas. Similar technology that does not require the
use of towers may also be utilized within the same public right-of-way,
subject to the following condition:
[a]
Antennas and all attendant facilities must be capable
of being mounted on existing structures.
[4]
With the consent of the property owner, personal wireless telecommunications
facilities may be placed on or in an existing lawful structure in
any zone, subject to the following condition:
[a]
To minimize the visual negative impact of personal
wireless telecommunications facilities, owners and users of antennas
and related facilities utilizing existing structures are required
to use innovative camouflage techniques with the goal of completely
concealing the equipment. The foregoing notwithstanding, any antenna
to be placed on an existing lawful structure in a residential zone
must be completely concealed from view.
(b)
Antennas on existing towers. An antenna may be attached to an
existing tower in any zone. To minimize the visual impact associated
with the proliferation and clustering of towers, collocation of one
or more providers' antennas on an existing tower takes precedence
over the construction of new towers, subject to the following collocation
requirements:
[1]
Collocation requirements.
[a]
A tower which is modified or reconstructed to accommodate
the collocation of additional antenna shall be of the same tower type
as the existing tower, unless the approving authority allows reconstruction
as a monopole or stealth structure; provided, however, that the height
of the modified or reconstructed tower shall not exceed the height
of the existing tower except as set forth in Subsection D(1)(a)[1][a],
Conditional uses, Location priorities, Existing lawful structures.
[Amended 9-25-2000 by Ord. No. 00-22]
[b]
Collocation conditions and limitations. Any new
tower shall provide for future collocation as set forth in this section.
Collocation by two or more telecommunications providers shall be permitted
on one tower, provided that, by collocating, all conditions of this
section are satisfied.
[i]
In the event a proposed tower for an existing or
future collocation cannot be constructed within the permitted height
limitations, then such collocation is prohibited.
[ii]
No tower may be designed or built to collocate
with another telecommunications provider at a height greater than
the maximum permitted by this section.
[iii]
In the event any collocation is proposed, a letter
of commitment shall be filed by the applicant to lease excess space
on the tower to other potential users at prevailing market rates and
conditions. The letter of commitment shall be recorded prior to the
issuance of a building permit and shall be binding upon the tower
owner, property owner and successors in interest.
[c]
On-site location.
[i]
A tower which is rebuilt or modified to accommodate
collocation may be moved on site within 50 feet of its existing location,
provided the new location complies with all setback requirements.
[ii]
If two or more towers exist on a site and a tower
is rebuilt or modified to accommodate collocation, only one tower
may remain on the site. This section shall not apply in those instances
where towers are located on sites occupied by high-tension wires.
[iii]
A relocated on-site tower shall continue to be
measured from the original tower location for purposes of calculating
separation distances between towers pursuant this section.
(c)
New tower construction. As a last location priority, a provider
may apply for approval to construct a new telecommunications tower.
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the approving authority that no
existing tower structure or alternative technology that does not require
the use of towers can accommodate the applicant's proposed antenna.
The applicant shall submit information requested by the approving
authority related to the availability of suitable existing towers,
other structures or alternative technology. Evidence submitted to
demonstrate that no existing tower, structure or alternative technology
can accommodate the applicant's proposed antenna must consist of evidence
showing that a significant gap in the availability of wireless service
will exist if a new tower is not located within the geographic area.
Upon establishing a significant gap in service, the provider must
demonstrate to the reasonable satisfaction of the approving authority
that the proposed tower is the least intrusive means of filling that
gap with a reasonable level of service. To do so, the provider must
show that a good faith effort has been made to identify and evaluate
less intrusive alternatives.
[1]
Construction requirements. The following are the construction
requirements for all new tower applications:
[a]
Area and setback requirements.
[i]
Minimum lot area: five acres.
[Amended 9-25-2000 by Ord. No. 00-22]
[ii]
Residential setback from property lines: 300 feet
or 300% of the tower's height, whichever is greater.
[iii]
Nonresidential setback from property lines: 120%
of the height of the tower from any adjoining lot line, nonappurtenant
building or structure or street right-of-way.
(2)
Prohibited areas. Wireless telecommunications facilities shall
be prohibited within all residential zones and in the zones identified
below so as to protect ridgelines and ecologically sensitive areas
and to maintain scenic views and vistas:
(3)
General requirements for all towers and antennas.
(a)
Stealth requirements. Applicants are required to use the latest
stealth or camouflaging techniques to either make a tower appear to
be a tree of native species to blend in with surrounding trees, other
types of stealth structures or to be completely concealed by placement
within an existing structure.
(b)
Pole type. Monopole or stealth tower construction shall be used
in all new tower construction.
(c)
Noise. Noise levels at any property line shall not be more than
50 decibels.
(d)
Annual report. Upon issuance of a building permit for a personal
wireless telecommunications tower site, the owner or operator of the
site shall provide to the Secretary of the Township Planning and Zoning
Boards an initial report signed and sealed by a licensed professional
engineer certifying the estimated useful structural life of the tower,
if any, as well as providing an initial inventory of all equipment
and facilities on the site. After 50% of the useful structural life
of a tower has lapsed, annual recertification reports as to the structural
integrity of the tower shall be required. An updated report shall
also be provided whenever antennas arrays are modified and shall include
a detailed listing of all antennas and equipment. All vendors and
lessees shall also be required to notify the above Township official
when the use of such antennas or equipment is discontinued. If any
of the reports disclose that a condition of any site presents an imminent
hazard to the public health, safety or welfare, or that the tower
facilities and equipment are no longer in use, the owner shall, and
the Township Engineer or Zoning Officer may, order in their discretion
that the owner take appropriate corrective action, including, if necessary,
the removal of the tower, facilities or equipment to protect the public
health, safety and welfare. Personal wireless telecommunications towers,
facilities and equipment shall be maintained to insure continued structural
integrity. The owner of the site shall also perform such other maintenance
of the structures and of the site so as to assure that it does not
create a visual nuisance.
(e)
Abandonment. In the event a wireless telecommunications facility
is abandoned or not operated for the use as approved for a period
of one year, the same shall be removed, at the option of the Township,
and at the sole expense of the operator. In no event may a wireless
telecommunications facility be used for a purpose other than its initial
approved use.
(f)
Signs. No signs shall be permitted on any tower, equipment or
facility, except for those signs required by law or containing such
information as owner contact information, warnings, equipment information
and safety instructions. These signs shall not exceed two square feet
in total area. Commercial signs shall be prohibited on all wireless
telecommunications towers, facilities and equipment.
(g)
Lighting. Site lighting shall be oriented inward towards the
site to avoid off-site impact. No tower lighting, except regulatory
lights required by federal laws, shall be permitted.
(h)
RF radiation. The applicant shall comply with the New Jersey
Radiation Protection Act and regulations and any other federal or
local regulations in effect. The applicant shall demonstrate compliance
with such standards.
(i)
Multiple towers. Any prohibition contained in any ordinance
restricting the number of principal uses per lot shall not apply to
the construction of personal wireless telecommunications towers, facilities
and equipment when the conditions contained in this section are met.
The minimum setback distance between structures shall not apply to
personal wireless telecommunications towers, facilities and equipment.
(j)
Site location analysis. Every application for a personal wireless
telecommunications tower, facility or equipment shall include a site
location alternative analysis, including an analysis of the location
priorities set forth in this section, describing the locations of
other sites considered, the availability of those sites, the extent
to which other sites do or do not meet the provider's service or engineering
needs and the reason why the subject site was chosen. The analysis
shall address the following issues:
[1]
How the proposed location of the wireless telecommunications
tower, facility or equipment relates to the objective of providing
full wireless communications services within the Vernon Township area
at the time full service is provided by the applicant and by other
providers of wireless telecommunications services with the Vernon
Township area.
[2]
How the proposed location of the wireless telecommunications
tower, facility and equipment relates to the location of any existing
towers, facilities or antennas within or near the Vernon Township
area.
[3]
How the proposed location of the wireless telecommunications
tower, facilities or equipment relates to the anticipated need for
additional towers, facilities or equipment within and near the Vernon
Township area by the applicant and by other providers of wireless
telecommunications services within the Vernon Township area.
[4]
How the proposed location of the wireless telecommunications
tower, facilities and equipment relate to the objective and goal of
maintaining concealed or reduced tower height with groups of towers
within close proximity to one another rather than isolated taller
towers with many users at greater tower heights at random locations
throughout the Township.
(k)
Site plan approval. In addition to the applicable documentation
and items of information required for major site plans within this
chapter, the following additional documentation and items of information
shall be required as part of any personal wireless telecommunications
facility application:
[1]
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking and other information deemed necessary to assess
compliance with this section.
[2]
The setback between the proposed facility and the nearest residential
unit.
[3]
Documentation by a qualified expert regarding the capacity of
the proposed facility for the number and type of antennas.
[4]
Documentation by a qualified expert that any proposed tower
will have sufficient structural integrity to support the proposed
antennas and the anticipated future collocated antennas and that the
structural standards developed for antennas by the Electronic Industries
Association and/or the Telecommunications Industry Association have
been met.
[5]
A letter of intent by the applicant, in a form acceptable to
the Township Council, indicating that the applicant will share the
use of any tower with other approved personal wireless telecommunications
services.
[6]
A visual sight distance analysis, graphically simulating the
appearance of any proposed tower and indicating its view from at least
five locations around and within one mile of the proposed tower where
the tower will be most visible.
(l)
Experts. The approving authority reserves the right to retain,
at the applicant's expense, any technical consultants as it deems
necessary to provide assistance in the review of site location alternatives
analysis and specifications. By submitting an application for a personal
wireless telecommunications tower, facility or equipment, the applicant
is aware of this procedure.
(m)
Grade elevation. No facility shall be located on property with
an existing grade elevation of less than 700 feet nor more than 1,080
feet.
(n)
Access. Any access to a wireless telecommunications facility
shall conform to the driveway provisions of this chapter.
(o)
Off-street parking. One off-street parking stall shall be required.
(p)
Satellite or dish antennas. The construction of any dish antennas
or other similar antennas or device, with a diameter of more than
24 inches, is prohibited.
Nothing in this article shall be construed as prohibiting public
utility distribution facilities, such as but not limited to water
distribution lines, sanitary sewers and telephone and electric distribution
lines together with related attendant facilities intended for local
service, which utility systems are conditionally permitted in all
zone districts when approved by the appropriate servicing utility
agency and the Planning Board pursuant to this chapter. The developer
shall provide a restoration guaranty in an amount representing 120%
of the projected cost of restoring all areas to be disturbed.
Pursuant to N.J.S.A. 40:55D-67, certain conditional uses shall
be and are hereby recognized in certain districts notwithstanding
the fact that such uses may be permitted or prohibited in certain
other districts. Such uses shall be granted according to the following
respective specifications and standards:
A.
General conditions applicable to all conditional uses.
(1)
Submission and approval of a complete application for site plan
approval, and performance of any terms and conditions thereof, provided
that this subsection shall not be construed to require the submission
of a site plan for a detached single-family or two-family residence
when such residence is a conditional use in any zone.
(2)
Timely receipt of a favorable report on the application by the
Sussex County Planning Board when necessary pursuant to N.J.S.A. 40:27-6
et seq., or approval as a result of that Board's failure to report
thereon within the required time period.
(3)
Approval by such other governmental agencies as may have approval
powers with respect to the application, together with the timely fulfillment
of any terms and conditions thereof.
(4)
Satisfaction of all zoning requirements for the respective district
contained in Schedules A and B[1] unless the use is more particularly regulated pursuant
to this section, in which event the more particular regulation(s)
shall control.
[1]
Editor's Note: Schedules A and B are located at the end of
this chapter.
(5)
Satisfaction of all design standards pursuant to Article VII et seq. with respect to site plans and subdivisions unless the use is more particularly regulated pursuant to this section, in which event the more particular regulation(s) shall control.
B.
Particular additional conditions as to certain uses.
(1)
Art center in the C-2, AET and TC Districts.
(a)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(b)
The proposed site shall abut an arterial or collector street.
(c)
Off-street parking shall be provided as follows: (Reserved)
(d)
All parking facilities shall be located at least 25 feet from
a street or property line.
(e)
Lot regulations.
[1]
Minimum lot size: 4 acres.
[2]
Minimum lot width: 250 feet.
[3]
Minimum front yard setback: 75 feet.
[4]
Minimum side yard: 50 feet.
[5]
Minimum rear yard setback: 100 feet.
[6]
Maximum building height: 50 feet or 50% of any design setback,
whichever is less.
[7]
Maximum building coverage: 35%.
[8]
Maximum lot coverage: 75%.
(2)
Auto service station in the C-1 and C-2 Districts.
(a)
No such facility shall be located closer than 1,000 feet to
any other such facility.
(b)
Gasoline pumps and other apparatus shall be so located as to
permit safe and convenient traffic circulation. Every gasoline or
oil tank, pump or other device, appliance or apparatus shall be located
at least 25 feet from the street right-of-way line, at least 50 feet
from a residential zone boundary and at least 25 feet from any property
line.
(c)
No such facility shall be located within 500 feet of any school,
place of worship, hospital, library, park, playground, or other governmental
or public facility or building.
(d)
No such facility shall be located within 200 feet of a residence
nor within 100 feet of a residential district.
(e)
At least 25% of the lot shall be devoted to vegetative cover.
(f)
Each such facility and site shall be screened by dense evergreens.
(g)
Paving and curbing requirements. Pavement improvements shall
be consistent with Figure 4.3 in N.J.A.C. Title 5, Chapter 21. Curbs
shall be granite block.
(i)
No unregistered or disabled vehicles and no parts or tire equipment
shall be stored outside, and all vehicle repairs shall be routinely
normally accomplished inside a building.
(j)
All storage tanks shall be installed below ground and otherwise
in accordance with all prevailing laws, regulations and standards
pertaining thereto.
(k)
Lot regulations.
[1]
Minimum lot size: 20,000 square feet.
[2]
Minimum lot width: 150 feet.
[3]
Minimum front yard setback: 50 feet (to principal building).
[4]
Minimum side yard setback: 50 feet.
[5]
Minimum rear yard setback: 50 feet.
[6]
Maximum building height: 30 feet.
[7]
Maximum building coverage: 35%.
[8]
Maximum lot coverage: 75%.
(3)
(4)
Bus stop shelter in the C-1, C-2, C-3, CR and TC Districts:
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
It shall be demonstrated that the designed facility in the proposed
location is safe, necessary, convenient and efficient with respect
to the use of public transportation, and that the same will result
in the facilitation of transportation service to a neighborhood, community
or area.
(b)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(c)
Proof shall be shown that use of the proposed facility will
not significantly impair the use and enjoyment of neighboring properties,
nor pose any significant risks or hazards to public safety.
(d)
All bulk requirements for the respective zone pursuant to Schedule
B[2] shall be satisfied.
[2]
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
(5)
Campgrounds (public) in the AET Districts.
(a)
Principal uses shall be limited to recreational and/or instructional
camp facilities and public campgrounds, including campsites for tents,
lean-to(s), recreational vehicles, and cabins, excepting cabins for
permanent, year-round or extended occupancy and/or dwelling purposes.
(b)
All requirements of N.J.S.A. 26:4A-4 et seq. and N.J.A.C. 8:22-1.1
et seq. shall be satisfied with respect to, but not limited to, review
and approval by the Health Department, NJDEP and other appropriate
governmental agencies, construction, composition of a campground,
potable water supply, water closets and showers, sanitation, solid
waste, management, utilities, stormwater drainage, auxiliary buildings,
fire safety, infestation control, emergencies and public bathing.[3]
(c)
Outdoor storage of materials or equipment shall be prohibited
except where the same is appropriate or necessary to the safety and/or
reasonable function of the facility.
(d)
No permanent residency shall be allowed within a campground
facility.
(6)
Church/place of worship in residential districts and the C-1
District.
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: the greater
of one space per three seats or one space per 60 inches of seating
pew; plus one space per 30 square feet of church hall area.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
Lot regulations.
[1]
Minimum lot size: three acres.
[2]
Minimum lot width: 200 feet.
[3]
Minimum front yard setback: 50 feet.
[4]
Minimum side yard setback: 50 feet.
[5]
Minimum rear yard setback: 50 feet.
[6]
Maximum building height: 40 feet; at steeple: 75 feet.
[7]
Maximum building coverage: 35%.
[8]
Maximum lot coverage: 75%.
(7)
Conference rooms in the C-1, C-2, C-3, CR, AET and TC Districts.
[Amended 12-13-1999 by Ord. No. 99-27; 1-28-2002 by Ord. No. 02-04]
(a)
A conference room shall be associated with and be part of an
inn, lodge or bed-and-breakfast establishment.
(b)
Parking requirements for the dominant use shall be adjusted
upward by a ratio of one additional space per 30 square feet of conference
room area or per three persons of design occupancy, whichever is greater.
(8)
Funeral homes in the C-1 District.
(a)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(b)
The proposed site shall abut an arterial or collector street.
(c)
Off-street parking shall be provided as follows: one space per
30 square feet of viewing room; plus one space per every 200 square
feet of building area.
(d)
All parking facilities shall be located at least 10 feet from
a street or property line.
(e)
Lot regulations.
(9)
Garage (repair) in the C-2 Zone.
(a)
Proof shall be shown that use of the proposed facility will
not significantly impair the use and enjoyment of neighboring properties,
nor pose any significant risks or hazards to public safety.
(b)
No such facility shall be located closer than 1,000 feet to
any other such facility.
(c)
Gasoline pumps and other apparatus shall be so located as to
permit safe and convenient traffic circulation. Every gasoline or
oil tank, pump or other device, appliance or apparatus shall be located
at least 25 feet from the street right-of-way line, at least 50 feet
from a residential zone boundary and at least 25 feet from any property
line.
(d)
No such facility shall be located within 500 feet of any school,
place of worship, hospital, library, park, playground, or other governmental
or public facility or building.
(f)
At least 25% of the lot shall be devoted to vegetative cover.
(g)
Each such facility and site shall be screened by dense evergreens.
(h)
Special paving and curbing requirements: per Figure 4.3 of N.J.A.C.
Title 5, Chapter 21.
(j)
No unregistered or disabled vehicles and no parts or equipment
shall be stored outside, and all vehicle repairs shall be accomplished
inside a building.
(k)
All storage tanks shall be installed below ground and otherwise
in accordance with all prevailing laws, regulations and standards
pertaining thereto.
(l)
Lot regulations.
[1]
Minimum lot size: 30,000 square feet.
[2]
Minimum lot width: 125 feet.
[3]
Minimum front yard setback: 50 feet.
[4]
Minimum side yard setback: 50 feet as to building.
[5]
Minimum rear yard setback: 40 feet.
[6]
Maximum building height: 30 feet.
[7]
Maximum building coverage: 35%.
[8]
Maximum lot coverage: 75%.
(10)
Golf course (miniature) in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: 1.5 spaces
per hole.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
Design theme(s) shall be harmonized with the natural environment,
and structural development of the site shall be minimal.
(e)
Lot regulations.
[1]
Minimum lot size: 30,000 square feet.
[2]
Minimum lot width: 200 feet.
[3]
Minimum front yard setback: 30 feet to course;
50 feet to building.
[4]
Minimum side yard setback: 20 feet to course; 50
feet to building.
[5]
Minimum rear yard setback: 20 feet to course; 50
feet to building
[6]
Maximum building height: 30 feet.
[7]
Maximum building coverage: 25%.
[8]
Maximum lot coverage: 75% (total impervious coverage).
(11)
Health club in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
300 square feet of gross building areas; plus 0.8 space per exercise
station.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(e)
Lot regulations.
[1]
Minimum lot size: two acres.
[2]
Minimum lot width: 250 feet.
[3]
Minimum front yard setback: 100 feet.
[4]
Minimum side yard setback: 75 feet.
[5]
Minimum rear yard setback: 100 feet.
[6]
Maximum building height: 50 feet or 50% of any
design setback, whichever is less.
[7]
Maximum building coverage: 35%.
(12)
Home professional office in the R-1, R-2, R-3, R-4, PLC and
TC Districts.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
No more than two persons not residing in the building shall
be employed on the premises.
(b)
The residential character of the premises shall remain substantially
unchanged.
(c)
The building shall continue to serve as the principal residence
of the professional practitioner.
(d)
Not more than 40% of the total inhabitable floor area of the
building may be used for the professional office.
(e)
Off-street parking shall be provided as follows: one space per
200 square feet of office area, plus two spaces for the resident family,
not counting garage spaces.
(f)
All bulk requirements for the respective zone pursuant to Schedule
B[6] shall be satisfied.
[6]
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
(13)
Hotels in the TC District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
room, plus one space for every 200 square feet of all other areas.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(e)
Lot regulations.
[1]
Minimum lot size: three acres.
[2]
Minimum lot width: 125 feet.
[3]
Minimum front yard setback: as per district requirements.
[4]
Minimum side yard setback: as per district requirements.
[5]
Minimum rear yard setback: as per district requirements.
[6]
Maximum building height: 75 feet or 25% of design
setback, whichever is less.
[7]
Maximum building coverage: 35%.
[8]
Maximum lot coverage: 75%.
(14)
Inns in the TC District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
sleeping room and one space for every 200 square feet of public rooms/areas.
(c)
All parking facilities shall be located at least 10 feet from
a right-of-way or lot line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(e)
Lot regulations.
[1]
Minimum lot size: two acres.
[2]
Minimum lot width: 250 feet.
[3]
Minimum front yard setback: as per district requirements.
[4]
Minimum side yard setback: as per district requirements.
[5]
Minimum rear yard setback: as per district requirements.
[6]
Maximum building height: 35 feet.
[7]
Maximum building coverage: 35%.
[8]
Maximum lot coverage: 75%.
(15)
Institutional uses in the residential districts and C-1, C-3
and TC Districts:
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as per the requirements
for such uses contained in this chapter.
(c)
All parking facilities shall be located at least 10 feet from
a street or lot line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(e)
All bulk requirements for the respective zone pursuant to Schedule
B[7] shall be satisfied.
[7]
Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
(16)
Kennels in the AET Districts: (Reserved)
(17)
Public utilities in all districts: (Reserved) (See § 330-188, Public utilities; restoration guaranty.)
(18)
Racquet sports facilities in the AET Districts.
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
court, plus one space per 200 square feet of common area and/or office
area.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(e)
Lot regulations.
[1]
Minimum lot size: two acres.
[2]
Minimum lot width: 150 feet.
[3]
Minimum front yard setback: as per district requirements.
[4]
Minimum side yard setback: as per district requirements.
[5]
Minimum rear yard setback: as per district requirements.
[6]
Maximum building height: 50 feet or 50% of any
design setback, whichever is less.
[7]
Maximum building coverage: 35%.
(19)
Recreation facility (commercial) in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
200 feet of building common area, plus one space per room, plus one
space per acre, plus one space per 30 square feet of pavement or deck,
plus 0.8 space for each exercise station.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(e)
Lot regulations.
[1]
Minimum lot size: as per district requirements.
[2]
Minimum lot width: 250 feet.
[3]
Minimum front yard setback: 100 feet.
[4]
Minimum side yard setback: 100 feet.
[5]
Minimum rear yard setback: 100 feet.
[6]
Maximum building height: 75 feet or 25% of design
setback, whichever is less.
[7]
Maximum building coverage: 15%.
(20)
Resort-oriented housing in the CR District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The tract or site proposed for development shall be associated
with a ski area, regulation golf course and/or lake(s).
(b)
Minimum lot, tract or site size: 100 acres.
(c)
Maximum density: 1.5 dwelling units per acre.
(g)
A plot plan shall be submitted for each proposed lot, showing
suitable designs for driveway location and grade, existing and proposed
grade contours, drainage plan, sewage disposal and location of the
proposed dwelling and any accessory structures.
(h)
The provisions of § 330-83 regarding steep slopes notwithstanding, resort-oriented housing associated with a ski area shall require no buffer as to steep slopes and may be constructed on slopes exceeding a fifteen-percent grade, provided such housing can be otherwise suitably developed pursuant to this chapter, the Uniform Construction Code, and good engineering practices.
(21)
Restaurants in the AET District.
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space for
every three seats, plus one space per every bar seat.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(22)
Retail sales, outdoor, in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
120 square feet of indoor floor area, plus one space per 500 square
feet of outdoor display area.
(c)
The definition of "retail sales, outdoors" notwithstanding,
only the outdoor display and sale of garden, landscaping and farm
supplies, flowers, shrubs, plants, and produce, shall be permitted
in these districts.
(d)
All bulk requirements for the respective districts shall be
satisfied, except that all outdoor sales items must be located at
least 50 feet from the front yard property line and 25 feet from any
side or rear yard property line.
(23)
School bus shelters in all residential districts, C-2, C-3 and
TC Districts.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
A statement of need and site-suitability from an authorized
school official shall be produced.
(b)
An enforceable maintenance plan shall be submitted and approved.
(c)
Proof of insurance coverage shall be filed annually with the
Township Clerk showing the Township of Vernon and/or its assigns (including
but not limited to the Board of Education) to be insured in an amount
acceptable to the governing body or its designee(s).
(24)
Shopping center in the C-1 District:
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
120 square feet of gross building area.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(e)
Lot regulations.
(25)
Single-family dwellings in all nonresidential districts. (Reserved)
(26)
Ski areas in the AET District.
[Amended 12-13-1999 by Ord. No. 99-27]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
chair, plus one space per 120 square feet of common building area.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
Lot regulations.
[1]
Minimum lot size: 25 acres.
[2]
Minimum lot width: 300 feet.
[3]
Minimum front yard setback: 100 feet as to any
building and any slope.
[4]
Minimum side yard setback; 100 feet as to any building
and any slope.
[5]
Minimum rear yard setback: 100 feet as to any building
and any slope.
[6]
Maximum building height: 35 feet.
[7]
Maximum building coverage: 1%.
[8]
Maximum lot coverage: 15%.
(27)
Temporary outdoor activities in all zones. The applicant shall
show cause to the reasonable satisfaction of the Zoning Official that
temporary parking, sanitary provisions, fire prevention, safety conditions
and noise conditions are or will be such that a permit can and should
be issued. Based upon the nature of the proposed activity, the Zoning
Official may request a site plan and other pertinent documentation
and prior approval of the Police, Health and Human Services, Fire
Prevention, Building and Zoning Departments, and any other approving
authority as deemed appropriate, before the issuance of such permit.
[Amended 1-28-2002 by Ord. No. 02-04]
(28)
Theaters in the CR District.[12]
(a)
The proposed site shall abut an arterial or collector street.
(b)
Off-street parking shall be provided as follows: one space per
every two seats.
(c)
All parking facilities shall be located at least 10 feet from
a street or property line.
(d)
The architectural design of the facility shall be in accord
with the prevailing character of the neighborhood and district, and
shall be complementary to historical or other desirable examples of
local architecture.
(e)
Lot regulations.
[1]
Minimum lot size: five acres.
[2]
Minimum lot width: as per district requirements.
[3]
Minimum front yard setback: as per district requirements.
[4]
Minimum rear yard setback: as per district requirements.
[5]
Maximum building height: 60 feet or 25% of the
nearest setback (up to a maximum of 60 feet), whichever is less.
[6]
Maximum building coverage: 35%.
[7]
Maximum lot coverage: 75%.
(29)
Mountain Resort in the CR District.
[Added 11-15-2001 by Ord.
No. 01-26]
(a)
There shall be resort village, residential village, and mountain
retreat components to a mountain resort, all operated by a single
entity in a common theme. The use shall only be available to a developer
who submits a general development plan for approval to the Planning
Board pursuant to the requirements of N.J.S.A. 40:55D-45 et seq.,
and who enters into a development agreement memorializing the various
elements of the plan in anticipation of the submission of an application
or applications for site plan approval in phases or as a single entity.
(b)
There shall be no more than 1,650 resort units among the various
components and properties included in the mountain resort, including
hotel or lodge units, townhouses, duplexes, and/or other vacation-type
units.
(c)
The minimum required tract area shall be 700 acres located in
the CR Zone District. The lots comprising the mountain retreat component
need not be contiguous, and need not be contiguous to the lots comprising
the resort village and/or residential village. The resort village
and residential village lots shall be contiguous, except for intervening
public streets.
(d)
The following conditions shall apply to the resort village:
[1]
There shall be no more than 200,000 square feet
of commercial space, exclusive of hotel or lodge units.
[2]
The resort village shall be located within 1,200
feet and on both sides of State Highway 94.
[3]
The height of buildings shall not exceed 4 1/2
stories and 65 feet.
[4]
All stories above the first floor shall be limited
to hotel or lodge units designed for temporary occupancy, except commercial
space may exist on the second floor if the access is from the first
floor.
[5]
There shall be no more than 800 hotel and lodge
units.
(e)
The following conditions shall apply to the residential village:
(f)
The following conditions shall apply to the mountain retreat:
[1]
There shall be no more than five hotels and lodges,
together with townhouses, duplexes, and/or other vacation-type units.
[2]
Hotels or lodges shall not be located any closer
than 500 feet to one another.
[3]
The lots comprising the mountain retreat shall
be identified and consist of no less than 400 acres.
[4]
The density permitted on the lots comprising a
mountain retreat shall be no greater than 1.5 resort units per acre.
[5]
There shall be no construction of hotels or lodges,
townhouses, duplexes, or other vacation-type units in a mountain retreat
below sea level 1,000 feet; but accessory structures may be constructed
at lower elevations and not all portions of the lots comprising the
mountain retreat need be located above elevation 1,000 feet.
[6]
The height of townhouses, duplexes, and/or other
vacation-type units shall be limited to 2 1/2 stories and 35
feet, and the height of hotels or lodges shall be limited to 3 1/2
stories and 50 feet.
[7]
Hotels and lodges may contain accessory commercial
uses limited to restaurants, retail sales, retail services, and management
offices designed to serve occupants of the mountain retreat. Such
accessory uses shall be limited to the first and second floors only,
and have access for occupants solely from the lobby of the hotel or
lodge in which they are located.
[Amended 1-28-2002 by Ord. No. 02-04]
Editor's Note: See also Ch. 231, Emergency Housing.
A.
No transportable or wheel-based structure or other temporary structure
used as an office, storage shed or other use incidental to and in
connection with a permitted construction project or building shall
be placed on a site unless the Zoning Officer shall first have issued
a temporary permit therefor.
B.
No temporary structure shall be located so as to be detrimental to
the use and enjoyment of any adjoining property and shall be removed
from the site prior to the issuance of a certificate of occupancy
for the permitted construction project or building.
C.
Whenever a dwelling destroyed or damaged by fire or other disaster
is determined to be uninhabitable in the opinion of the Construction
Official or Fire Official, a temporary permit for a trailer or similar
housing unit may be issued for a period of not more than eight months
and may be extended for additional sixty-day periods, if so warranted
in the opinion of the Zoning Official. Such housing unit shall require
the approval of the Zoning, Health and Building Departments and shall
be located on the same lot as the dwelling that has been rendered
uninhabitable. As per N.J.S.A. 40:55D-53, a restoration bond in the
amount of $2,000 shall be posted to guarantee the removal of the trailer
or similar housing unit and will be returned at the time of removal
of such unit.
[Amended 1-28-2002 by Ord. No. 02-04; 7-28-2003 Ord. No. 03-25]
Not more than one commercial vehicle shall be parked on a lot
used for residential purposes. Such vehicle shall be owned, leased
or regularly operated by a resident of the premises, or if not the
resident, then on property that is at least six acres in size, and
said vehicle shall be limited to vehicles which are no more than 26
feet in length and have a GVW rating of 17,500, or is a school bus,
and this provision shall not be construed to limit the number and
type of commercial vehicles in use on a farm and in connection with
farming operations conducted on the property.
Outdoor storage is prohibited in all residential zoning districts.
In nonresidential districts, no article, object or material shall
be kept, stored or displayed outside of the confines of a building
unless the same is screened by special planting or fencing and is
otherwise approved pursuant to an approval by the Planning Board.
No storage area shall be located in a front yard or other yard abutting
a street. However, nothing in this section shall be deemed to prohibit
the display and sale of seasonal farm produce, specifically-permitted
outdoor uses, the outdoor parking or storage of farm machinery or
vehicles in use on a farm, or normal and unobtrusive outdoor storage
such as the storage of firewood in residential districts.
[Amended 4-9-2012 by Ord.
No. 12-04]
The outdoor storage or parking in residential districts of recreational
vehicles such as, but not limited to, trailers, large boats, and motorized
homes is permitted subject to the following requirements:
A.
Any such vehicle or piece of equipment shall be owned or leased by
a resident of the premises, and shall have a current registration
with the NJMVC in the resident's name and the vehicle or equipment
must be in operable condition.
B.
Any such recreational vehicle shall be located so as to meet yard
and setback requirements applicable to accessory buildings and shall
be stored in the rear or side yard (behind the front yard setback)
unless a review by the Zoning Officer determines there is no suitable
storage location in the rear or side yard. In that case, recreational
vehicles may be stored in the front yard, if located in the driveway
provided that the recreational vehicle(s) does not encroach onto the
public right-of-way and/or is 10 feet from the street line.
C.
No such storage or parking shall eliminate any required off-street
parking area.
D.
No more than 2 such vehicles shall be parked or stored on a lot unless
it is garaged. In the event a commercial vehicle is stored on the
property, no more than one recreational vehicle is permitted.
E.
All covers and tarps for such vehicles shall be of neutral or earth
tone colors and maintained in good condition.
F.
Recreational vehicles are not permitted to be parked on public rights-of-way
and shall be parked at least 10 feet from the street line or curbline.
No disabled or unregistered vehicles shall be stored in any
district except in an enclosed building.
[Added 1-28-2002 by Ord.
No. 02-04]
A.
The keeping of horses and ponies. Except on a farm, a minimum lot
size of three acres shall be required to keep a horse. Two horses
shall be permitted on the first three acres, and one horse shall be
permitted for each acre thereafter; and such lot(s) shall be in single
ownership. Horses and ponies shall be kept a minimum distance of 50
feet from adjoining properties.
B.
The keeping of farm animals. With the exception of horses and ponies,
farm animals and livestock as defined in N.J.S.A. 4:22-16.1c are permitted
on properties which are farm assessed. Such animals shall be kept
a minimum distance of 50 feet from adjoining properties. The housing,
maintenance and quantity of such animals shall be in accordance with
all relevant federal or state statutes or rules and regulations. Board
of Adjustment approval pursuant to N.J.S.A. 40:55D-70d shall be required
for the keeping of farm animals on properties which are not farm assessed.
C.
The keeping of exotic animals. No person shall harbor, maintain or
keep any animal listed in N.J.A.C. 7:25-4.8 (Potentially Dangerous
Animals) in Vernon Township. The keeping of exotic animals not listed
in N.J.A.C. 7:25-4.8 require Board of Adjustment approval pursuant
to N.J.S.A. 40:55D-70d.
D.
No more than six fowl, as defined by § 330-5, may be kept and maintained in connection with a single-family residential use lot of less than one acre so long as the lot is a minimum of 100 feet by 200 feet and conforms to the minimum lot size with the zoning district. No more than 15 fowl, as defined by § 330-5, may be kept and maintained in connection with a single-family residential use lot of more than one acre but less than five acres. Nothing in this ordinance is intended to subvert the rules and regulations of any homeowners' association (HOA) or qualified private community. The maintaining of fowl as permitted by § 330-195D shall be subject to the following conditions:
[Added 9-10-2018 by Ord.
No. 18-25]
(1)
A zoning permit must be obtained from the Township's Zoning
Officer for all coops and runs. All coops and runs over 200 square
feet or larger also require Health and Building Department approval
and permits as required by the Township Code of the Township of Vernon
and state statute.
(2)
Notwithstanding any other provisions of this chapter, fowl shall
be housed and kept in a manner which will not constitute a public
or neighborhood nuisance. Fowl shall not be permitted to fly or run
at large.
(3)
All fowl shall be housed in coops or structures that are properly
designed for such use and completely separated from any building utilized
for dwelling purposes.
(4)
Coops and runs shall be restricted to the rear yard area and shall adhere to the applicable side and rear yard setbacks pursuant to Schedule C of Chapter 330, Land Development, of the Code of the Township of Vernon. The setback requirement for accessory buildings and structures from other buildings set forth in Schedule C shall not apply to coops and runs.
(5)
The Zoning Officer shall approve the structures prior to their
installation with the issuance of a zoning permit.
(6)
No fowl shall be kept unless they can be contained on the property
of their owner or the agent of their owner.
E.
Waste management for fowl, as defined by § 330-5, shall be subject to the following:
[Added 9-10-2018 by Ord.
No. 18-25]
(1)
Fowl manure may be applied to garden soil and incorporated into
the soil.
(2)
Fowl manure shall not be used on the surface of any property
or portion thereof in a manner similar to that used in the laying
of mulch or topsoil.
(3)
Fowl manure may be composted in such a way as to minimize any
fly and odor problems.
(4)
Fowl manure may be bagged and removed from the premises.
(5)
Fowl manure may not be stored, composted or applied to soil
within 10 feet of the property line.
(6)
There shall be no runoff of fowl manure to neighboring properties.
F.
Feed for fowl, as defined by § 330-5, shall be subject to the following:
[Added 9-10-2018 by Ord.
No. 18-25]
G.
Enforcement; penalties for fowl, as defined in as defined by § 330-5, are as follows:
[Added 9-10-2018 by Ord.
No. 18-25]
(1)
All enforcement agents of the Township shall have the authority
to enforce the provisions of this article. Such enforcement agents
shall include but not be limited to the Zoning Officer, the Construction
Code Official, the Health Officer and his staff, the Animal Control
Officer and/or the Police Department.
(2)
Penalties may include the removal of fowl from the property.
(3)
Summonses for noncompliance with any provision hereof may be
issued by the appropriate enforcement officials.
(4)
Penalties may be imposed by the Municipal Court Judge up to
the maximum penalty allowed by law.
[Amended 1-28-2002 by Ord. No. 02-04]
It is an express purpose of this chapter and article to promote farming and agricultural uses in Vernon Township in recognition of the Township's rural and agricultural heritage. The provisions of this chapter and article shall, therefore, be liberally construed as applied to farming and agricultural uses, structures, buildings and standards. To the greatest practicable extent, the application of the standards and regulations of this chapter and article shall be reconciled with the Right to Farm Act, N.J.S.A. 4:1C-1 et seq. and the provisions of § 330-197 of this chapter in such a way as to advance agricultural purposes and efforts without unnecessary or excessive zoning enforcement; provided, however, that the public health, safety and welfare shall not be thereby compromised.
A.
The owner or operator of a commercial farm which meets the eligibility
criteria for differential property taxation pursuant to the Farmland
Assessment Act of 1964 and the operation of which conforms to agricultural
management practices recommended by the State Agriculture Development
Committee and all relevant federal or state statutes or rules and
regulations adopted pursuant thereto and which does not pose a direct
threat to public health and safety may:
(1)
Produce agricultural and horticultural groups, trees and forest
produces, livestock and poultry and other commodities as described
in the Standard Industrial Classification for Agriculture, Forestry,
Fishing and Trapping;
(2)
Process and package the agricultural output of the commercial
farm;
(3)
Provide for the wholesale and retail marketing of the agricultural
output of the commercial farm, and related products that contribute
to farm income, including the construction of building and parking
areas in conformance with the standards of this chapter;
(4)
Replenish soil nutrients;
(5)
Control pests, predators and diseases of plants and animals;
(6)
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; and
(7)
Conduct on-site disposal of organic agricultural wastes.
B.
There shall be a rebuttable presumption that no commercial agricultural
operations, activity or structure which conforms to agricultural management
practices recommended by the State Agriculture Development Committee,
and all relevant federal or state statutes or rules and regulations
adopted pursuant thereto and which does not pose a direct threat to
public health and safety, shall constitute a public or private nuisance,
nor shall any such operation, activity or structure be deemed to otherwise
invade or interfere with the use and enjoyment of any other land or
property.
[Amended 1-28-2002 by Ord. No. 02-04]
A.
Any one or more owners of land within the Township which qualifies
for a differential property tax assessment pursuant to the Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., and which is included
in an agricultural development area as defined in N.J.S.A. 4:1C-13,
may petition the County Agriculture Development Board for the creation
of a municipally approved program comprising that land; provided that
the owner or owners own at least the minimum acreage established by
such Board. The petition shall include a map of the boundaries of
the municipally approved program and other information deemed appropriate
by such Board.
B.
In the event that the County Agriculture Development Board shall
have found that the minimum eligibility criteria for preservation
have been met, and in the event that a copy of such petition shall
have been sent to the County Planning Board and the Township Council,
the Planning Board shall, within 60 days of receipt of the petition,
review and report to the Township Council the potential effect of
the proposed municipally approved program upon the planning policies
and objectives of the Township.
C.
The Township Council shall, after public hearing and within 120 days
of receipt of the report, recommend to the County Agriculture Development
Board, by ordinance duly adopted, that the municipally approved program
boundaries be approved, conditionally approved with proposed geographical
modifications, or disapproved.
D.
If, upon receipt of the Township Council's recommendation to approve
the petition, the County Agriculture Development Board shall have
forwarded the petition for the creation of the municipally approved
program and the Township ordinance approving the municipally approved
program to the County Planning Board, such actions shall constitute
creation of a municipally approved program in and for the Township
and the petitioners therefor.
E.
If the Township Council shall have conditionally approved the petition
subject to proposed geographical modifications, and if the County
Agriculture Development Board shall have reviewed the recommendation
and found that the criteria have been met notwithstanding the proposed
modifications, the petition shall be forwarded and adopted as aforesaid.
A recommendation by the Township Council to disapprove the petition
will cause the County Agriculture Development Board to take no further
action, and the proposed municipally approved program shall not be
adopted. If the Township Council proposed modifications to the petition
which exclude any land from being included within a municipally approved
program, the owner thereof may request that the County Agriculture
Development Board mediate on behalf of the land owner with the Township
Council prior to acting on the recommendation thereof. The Township
Council shall have 180 days from receipt by the Planning Board of
the petition in which to act on said petition to create a municipally
approved program.
F.
Any landowner not included in the municipally approved program as
initially created may, within two years following the creation date,
request inclusion, and upon review by the County Agriculture Development
Board and the Township Council, and upon a finding that this inclusion
is warranted, become part of the municipally approved program; provided
that the landowner enters into an agreement pursuant to N.J.S.A. 4:1C-24
for the remaining duration of the municipally approved program.
G.
Documentation of municipally approved program.
(1)
The creation of a municipally approved program shall be documented
in the following manner:
(a)
The petition in its final form shall be filed and recorded,
in the same manner as a deed, with the County Clerk and shall be filed
with the Township Clerk;
(b)
The petition, the Township ordinance of adoption, and the county
resolution or ordinance of adoption, as the case may be, shall be
filed with the State Agriculture Development Committee; and
(c)
The petition in its final form shall be filed with the Township
Tax Assessor for the purpose of qualifying for exemption or for property
taxation under farm structures and improvements within the municipally
approved program.
(2)
The documentation of the creation of the municipally approved
program as prescribed herein shall in no way be construed to constitute
or in any other way authorize exclusive agricultural zoning.
H.
Zoning of land in program. The provisions of this chapter notwithstanding,
the Township shall not alter the provisions of this article and chapter
as they pertain to land included within a municipally approved program
in any way so as to provide for exclusive agricultural zoning or zoning
which has the practical effect of exclusive agricultural zoning for
a period of 11 years from the date of the creation of the municipally
approved program, unless all landowners within that municipally approved
program who entered into an agreement pursuant to the provisions of
N.J.S.A. 4:1C-24 agree to that alteration by express written consent
at the end of the minimum period required pursuant to the said section.
I.
Agreement to retain land in agricultural production or to convey
development easement; restrictive covenant; filing and recording.
(1)
Agreement.
(a)
Landowners within a municipally approved program or other farmland
preservation program shall enter into an agreement with the County
Agriculture Development Board, and the Township Council, if appropriate,
to retain the land in agricultural production for a minimum period
of eight years.
(b)
Any landowner whose land is within a municipally approved program
or other farmland preservation program or a landowner whose land qualifies
for differential property tax assessment pursuant to the Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq., and which is included
in an agricultural development area, may enter into an agreement to
convey a development easement on the land pursuant to N.J.S.A. 4:1C-24,
which easement shall be permanent or for a term of 20 years.
(c)
Any agreement entered into pursuant to Subsection I(1)(a) of this section shall constitute a restrictive covenant and shall be filed with the Township Tax Assessor and recorded with the County Clerk in the same manner as a deed. Any development easement conveyed pursuant to Subsection I(1)(b) of this section shall be filed with the Township Tax Assessor and recorded with the County Clerk in the same manner as a deed. The recording of any such agreement or development easement of limited term shall include notification that the State Agriculture Development Committee may exercise the first right and option to purchase a fee simple absolute interest in the land pursuant to N.J.S.A. 4:1C-38 et al.
(2)
A landowner, or a farm operator as an agent for the landowner, whose land is within a municipally approved program or other farmland preservation program, or is subject to a development easement conveyed pursuant to Subsection I(1)(b) of this section, shall be eligible and may apply to the local Soil Conservation District and the County Agriculture Development Board for a grant for soil and water conservation project approved by the State Soil Conservation Committee subject to the provisions of N.J.S.A. 4:1C-11 et al.
(3)
Approval by the local Soil Conservation District and the County
Agriculture Development Board for grants for soil and water conservation
projects shall be contingent upon a written agreement by the person
who would receive funds that the project shall be maintained for specified
period of not less than three years, and shall be a component of a
farmland conservation plan approved by the local Soil Conservation
District.
(4)
If the landowner applying for funds for a soil and water conservation project pursuant to this section provides 50% of those funds without assistance from the county, the local Soil Conservation District shall review, approve, conditionally approve or disapprove the application. The State Agriculture Development Committee shall certify that the land on which the soil and water conservation project is to be conducted has had a development easement conveyed from it pursuant to Subsection I(1) of this section or is part of a municipally approved program or other farmland preservation program.
J.
For purposes of this chapter, there shall exist a rebuttable presumption
that no agricultural operation, activity or structure which is conducted
or located within a municipally approved program, or on land from
which a development easement has been conveyed pursuant to N.J.S.A.
4:1C-24 and which conforms to agricultural management practices approved
by the Committee and all relevant federal or state statutes or rules
and regulations adopted pursuant thereto and which does not pose a
direct threat to public health and safety shall constitute the public
or private nuisance, nor shall any such operation, activity or structure
be deemed to otherwise invade or interfere with the use and enjoyment
of any other land or property.
K.
Notwithstanding any other provisions of this chapter to the contrary,
any criteria developed by a land grant college or a recognized organization
of architectural engineers and approved by the Committee for farm
structure design shall be the acceptable minimum construction standards
for a farm structure located in a municipally approved program or
other farmland preservation program or on land from which a development
easement has been conveyed pursuant to N.J.S.A. 4:1C-24. The use by
a farm owner or operator of a farm structure designed and approved
pursuant to this subsection shall be exempt from any requirement concerning
the seal of approval or fee of an architect or professional engineer,
notwithstanding any other provisions of this chapter to the contrary.
L.
Length of program; termination; inclusion of additional landowners.
(1)
The program shall remain in effect for a minimum of eight years,
provided that a review of the practicability and feasibility of its
continuation shall be conducted by the County Agriculture Development
Board and the Township Council within the year immediately preceding
the termination date of the program.
(2)
If, subsequent to notification by the County Agriculture Development
Board, none of the parties to the agreement entered into pursuant
to N.J.S.A. 4:1C-24 notify the County Agriculture Development Board
within this one-year period that they wish to terminate the program,
the program shall continue in effect for another eight-year period
and may continue for succeeding eight-year periods, provided that
no notice of termination is received by the Board during subsequent
periods of review.
(3)
Termination of the program at the end of any eight-year period
shall occur following the receipt by the Board of any notice of termination.
The Township Tax Assessor shall be notified by the County Agriculture
Development Board if the program is terminated.
(4)
Nothing in this subsection shall be construed to preclude the
reformation of a program as initially created pursuant to the provisions
of this section.
(5)
Any landowner not included in the program may request inclusion at any time during the review conducted pursuant to Subsection L(1) of this section. If the County Agriculture Development Board and the Township Council find that this inclusion would promote agricultural production, the inclusion shall be approved.
M.
Withdrawal of lands; taxation.
(1)
Withdrawal of land from the program prior to its termination
date may occur in the case of death or incapacitating illness of the
owner or other serious hardship or bankruptcy, following a public
hearing and approval by the County Agriculture Development Board and
Township Council. The approval shall be documented by the filing with
the County Clerk and County Planning Board, by the County Agriculture
Development Board and Township Council, of a resolution or ordinance,
as appropriate, therefor, together with notification to the Township
Tax Assessor.
(2)
Following approval to withdraw from the program, the effected
landowner shall pay to the Township, with interest at the rate imposed
by the Township for nonpayment of taxes pursuant to N.J.S.A. 54:4-67,
any taxes not paid as a result of qualifying for the property tax
exemption for new farm structures or improvements in the program,
and shall repay, on a pro rata basis as determined by the local Soil
Conservation District, to the County Agriculture Development Board
or the State Agriculture Development Committee, or both, as the case
may be, any remaining funds from grants for soil and water conservation
projects, except in the case of bankruptcy, death or incapacitating
illness of the owner, where no such payback of taxes or grants shall
be required.
N.
Offer to sell development easement; price; evaluation of suitability
of lands; appraisal.
(1)
Any landowner applying to the County Agriculture Development
Board to sell a development easement pursuant to N.J.S.A. 4:1C-24
shall offer to sell the development easement at a price, which, in
the opinion of the landowner, represents a fair value of the development
potential of the land for nonagricultural purposes. The valuation
and suitability shall be determined in accordance with N.J.S.A. 4:1C-31.
Two independent appraisals pursuant to Subsection c of N.J.S.A. 4:1C-31
shall be conducted for each parcel of land so offered and deemed suitable.
Any offer with respect to such property shall be accepted or rejected
within 30 days of receipt thereof; any offer not accepted within 30
days shall be deemed rejected pursuant to Subsection f of N.J.S.A.
4:1C-24.
O.
Conveyance of easement following purchase; conditions and restrictions;
payment.
(1)
No development easement purchase pursuant to the provisions
of this section or the Farmland Preservation Law shall be sold, given,
transferred or otherwise conveyed in any manner except as may be provided
by law.
(2)
Upon the purchase of the development easement the landowner
shall cause a statement containing the conditions of the conveyance
and the terms of the restrictions on the use and development of the
land to be attached to and recorded with the deed of the land, in
the same manner as the deed was originally recorded. These restrictions
and conditions shall state that any development for nonagricultural
purposes is expressly prohibited, shall run with the land and shall
be binding upon the landowner and every successor in interest thereto.
It is the express purpose of this section and article to promote
the preservation of natural features in the Township of Vernon in
respect of the unique and varied nature of the same. Whenever an application
shall be made for an approval or permit pursuant to or involving this
article, the applicant shall establish in writing or in hearing that
no significant disturbance of natural features, including but not
limited to trees, woodlands, streams, ridgelines, scenic vistas, wetlands,
open waters, rock outcroppings, and topsoil is proposed or anticipated;
or, in the event that the same is proposed or anticipated, then the
applicant shall establish how and to what extent such features shall
be preserved to the satisfaction of the reviewing official or Board.
This section shall not be construed so as to relieve an applicant
for site plan or subdivision approval of the responsibility of submitting
a site-specific and informative environmental impact statement when
the same is required pursuant to this chapter. Whenever disturbance
of natural features appears necessary, the maximum extent of natural
features consistent with the reasonable and permitted or approved
use of the property shall be preserved.
Without limitation to the provisions of § 330-199 as aforesaid, an application for a development approval or permit involving significant disturbance as aforesaid may and is encouraged to be accompanied by an offer for conveyance to an appropriate grantee, such as but not limited to the applicant, the Township or other governmental agency, or a conservation trust or organization, of a conservation easement providing for the conservation and preservation of natural resources and features and open space, subject to suitable provisions for entry, maintenance, liability insurance, use limitations and similar provisions to serve the purpose of such easement.
It is the express purpose of this section and article to promote
the preservation of open space and to encourage, in connection with
large tracts of land proposed for residential subdivision, the clustering
of residences in order to accomplish such preservation. Whenever the
subdivision of more than 20 acres is proposed, the applicant shall
show cause to the satisfaction of the Planning Board why cluster development
cannot or should not be effected, failing which the Planning Board
may require that the proposed subdivision be effected by cluster design
rather than conventional design. Without limitation to the Board's
powers in this and related respects, the Board may require an amendment
in the layout of the lots and improvements proposed by the developer,
which amended application shall be submitted and proceeded upon as
in the case of the original application for development. To the greatest
practicable extent, open space areas shall be designed and set aside
for use tending to obviate the development or disturbance of areas
of distinct natural features, steeply sloped topography, high groundwater
or other unique natural characteristics. Alternatively, open space
areas may be designed for passive or active recreation use and activities.
Residential cluster development shall comply with the following requirements:
A.
The minimum gross tract area for residential cluster development
shall be 20 acres, and the minimum amount of open space to be set
aside therein shall be 33% of the total tract area. All open space
shall comprise a contiguous area of at least two acres.
B.
Any open space areas created hereunder shall have access to an improved
street by easement, dedication or other suitable means to a width
of at least 25 feet.
D.
Open space areas shall be owned and maintained by an open space organization
as more particularly described and regulated herein.
E.
Residential cluster developments shall be effected pursuant to the
following schedule of comparative requirements:
|
Conventional
|
Cluster
| |||||
|---|---|---|---|---|---|---|
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Front Yard Setback
(feet)
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Front Yard Setback
(feet)
| |
|
R-1
|
120,000
|
250
|
75
|
40,000
|
200
|
50
|
|
R-2
|
80,000
|
200
|
75
|
30,000
|
150
|
50
|
|
R-3
|
30,000
|
125
|
50
|
20,000
|
125
|
40
|
F.
Nothing herein contained shall be construed to limit the power of
the Planning Board to require a conventional development if the same
appears to offer a better development alternative under the circumstances
of the application, giving due consideration to land conservation,
efficient use of land, drainage, topography, traffic conditions, effect
of such development and subdivision on adjacent lands and occupants
thereof, water supply and quality, preservation of natural features
and other respects bearing on the public interest. The Planning Board
shall give due consideration to site-specific information provided
in the applicant's environmental impact statement, which statement
shall offer site-specific findings, analysis and recommendations with
respect to the suitability of cluster-versus-conventional development.
G.
No dwelling unit and no portion of any residential lot shall be situated
on lands outside the respective zoning boundary for the residential
district within which the proposed development lies.
H.
Unless otherwise expressly provided herein, the permitted uses and
required standards in the zoning district within which the subject
tract proposed for residential cluster development lies shall be the
same as those which are permitted and required under conventional
development.
I.
Under no circumstances shall the provisions of this section be construed
to allow greater density than would ordinarily be permitted under
conventional development.
J.
Any lands proposed for set-aside as open space for active recreation
shall not be so subject to constraints such as, but not limited to,
wetlands, floodplains, steep slopes or other limiting features as
would tend to thwart the active-recreation purpose of the proposed
set-aside. Open space subject to 50% or more constraint shall be presumed
insufficient.
K.
Where a proposed open space set-aside is intended to serve the purposes
of land conservation, suitable conservation easements shall be established
to protect environmentally fragile and important natural features
and resources, including but not limited to aquatic buffer areas,
floodplains, wetlands, hydric soils, woodland areas, and watercourses.
L.
Common open space shall, to the greatest practicable extent, be set
aside by layout which affords as many lots as possible direct or proximate
access to such open space.
M.
In the event that the proposed development involves a number of stages,
the Planning Board may require that acreage proportionate in size
to the stage being considered for final approval be set aside simultaneously
with the granting of final approval or as a condition thereof for
such particular stage even though such lands may be located in a different
section of the overall development.
A.
Common open space may, subject to acceptance, be dedicated to the
Township or conveyed to an open space organization or trust, with
incorporation and bylaws to be approved by the Planning Board. If
common open space is not dedicated to and accepted by the Township,
the landowner shall provide for and establish an open space organization
or trust for the ownership and maintenance of the common open space.
Such organization or trust shall not be dissolved nor shall it dispose
of any common open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the common recreation
areas and development open space without first offering to dedicate
the same to the Township.
(1)
If the applicant proposes that the common open space be dedicated
to the Township, then the Planning Board shall forward notice of such
proposal with a recommendation to the governing body prior to the
granting of preliminary approval of any development application involving
common open space, and any approval thereafter granted shall be subject
to the governing body's determination and/or acceptance of such dedication.
(2)
Lands offered to the Township for active recreational purposes
shall be improved by the developer and shall include suitable equipment,
walkways and landscaping.
(3)
All lands not offered to and/or not accepted by the Township
shall be owned and maintained by an open space organization or trust
as provided in N.J.S.A. 40:55D-43 and as provided herein.
(4)
Membership in such organization by all dwelling unit owners
shall be mandatory. Such membership and the responsibilities of the
members shall be in writing between the organization and the individual
members in the form of a deed covenant wherein each member accepts
responsibility for a pro rata share of the organization's costs, and
providing that the Township shall be a beneficiary to such covenant
and be entitled to enforce its terms.
(5)
Deeds or other instruments to effectuate the purpose of this
section shall recite that the prescribed use(s) of the lands in common
ownership shall be perpetual and absolute and not subject to reversion
for possible future development.
(6)
The organization and its members, jointly and severally, shall
be responsible for liability insurance, local taxes, maintenance,
and the condition of any facilities that may be erected on any land
within the contemplation of this section, and shall hold the Township
harmless from any liability arising therefrom. Should the organization
fail for any reason to meet its obligations under this section, the
Township may, at its discretion and without limitation, undertake
the responsibilities of the organizations and members and then assess
each member or benefitted property owner such member's or owner's
pro rata share of the same as more particularly provided hereinbelow.
B.
In the event that the organization shall fail to maintain any open
space or recreation area in reasonable order and condition in accordance
with the development plan and approval, the Township may serve notice
upon such organization or upon the owners of the development setting
forth the manner in which the organization has failed to maintain
such areas in reasonable condition, and said notice shall include
a demand that such deficiencies in maintenance be cured within 35
days thereof, and shall set the date and place of a hearing thereon
which shall be held within 15 days of the notice. At such hearing
the Township may modify the terms of the original notice as to the
deficiencies and may give an extension of time not to exceed 65 days
within which time the deficiencies shall be cured.
(1)
If the deficiencies set forth in the original notice or in the
modification thereof shall not be cured within said 35 days or any
permitted extension thereof, the Township, in order to preserve the
common open space and maintain the same for a period of one year,
may enter upon and maintain such land. Said entry and said maintenance
shall not vest in the public any rights to use the open space and
recreation areas except when the same is voluntarily dedicated to
the public by the owners.
(2)
Before the expiration of said year, the Township shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space and recreation areas,
call a public hearing upon 15 days' written notice to such organization
and to the owners of the development, to be held by the Township,
at which hearing such organization and owners of the development shall
show cause why such maintenance by the municipality shall not, at
the election of the Township, continue for a succeeding year. If the
Township shall determine that such organization is ready and able
to maintain such open space and recreation areas in reasonable condition,
the Township shall cease to maintain such open space and recreation
areas at the end of said year. If the Township shall determine such
organization is not ready and able to maintain said open space and
recreation areas in a reasonable condition, the Township may, in its
discretion, continue to maintain said open space and recreation areas
during the next succeeding year and, subject to a similar hearing,
a determination in each year thereafter. The decision of the Township
in any case shall constitute a final administrative decision subject
only to judicial review.
(3)
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with the assessed
value at the time of imposition of the lien, and shall become a lien
and tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the Township in the same manner as other taxes.
(4)
Any open space organization or trust initially created by the
developer shall clearly describe in its bylaws the rights and obligations
of the property owners in the development, and the articles of incorporation
of the organization shall be submitted for review by the Planning
Board prior to the granting of final approval by the Township.
A.
Planned developments shall be permitted in certain districts as shown
in Schedule A.[1] Approval of planned developments shall be pursuant to subdivision and site plan applications pursuant to Article VI. The standards governing the type and density, or intensity of land use, in a planned development shall be as provided in this section and Articles VI, VII and VIII. The density or intensity of land use otherwise allowable in a particular district may not be appropriate for planned development. The Planning Board may vary the type and density, or intensity of land use, otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of open space; the location and physical characteristics of the site of the proposed planned development, and the location, design and type of dwelling units and other uses. Clustering of development between noncontiguous parcels shall be permitted and, in order to encourage the flexibility of density, intensity of land uses, design and type, authorize a deviation in various clusters from the density, or intensity of use, established for an entire planned development.
[1]
Editor's Note: Schedule A, Permitted, Conditional and Accessory Uses and Structures, is included at the end of this chapter.
B.
Planned adult community ("PAC") of semiattached or attached dwelling
units shall be permitted in the R-4, C-1 and CR Districts, subject
to the following requirements:
(1)
Unless otherwise provided under Article VIII, the regulations and standards contained herein shall apply notwithstanding provisions to the contrary in any other article, schedule or appendix.
(2)
Permitted accessory uses: uses clearly incident and customarily
subordinate to planned adult communities and the dwelling units permitted
therein, including private garages having not more than two spaces,
buildings for tools and equipment not exceeding 150 square feet in
area, private tennis courts, private swimming pools, fences, and such
signs as are permitted in the zoning district as regulated therein.
In the CR Districts, golf courses, riding stables, outpatient health
care facilities, retail sales, fire stations, and buildings for administration,
maintenance and security shall also be permitted.
(3)
Required accessory uses for planned adult communities: clubhouse
and at least one recreational amenity such as, but not limited to,
a private tennis court, private swimming pool or other amenity of
similar qualities and community value to the residents of a planned
adult community. In the CR District, both a clubhouse and a private
swimming pool shall be required.
(4)
Bulk and yard requirements.
(a)
Buildings containing up to but not more than three semiattached
or attached dwelling units:
[1]
Minimum lot size: 5,000 square feet.
[2]
Minimum lot width: 50 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: five feet; zero feet with common
wall.
[6]
Minimum both side setbacks: 10 feet; five feet with one common
wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: two stories or 35 feet,
whichever is less, in the R-4, R-5, C-1 and C-4 Zones; three stories
or 45 feet, whichever is less, in the CR Zone.
[11]
Maximum floor area ratio: 0.60:1.
(b)
Buildings containing more than three but not more than six semiattached
or attached dwelling units:
[1]
Minimum lot size: 10,000 square feet.
[2]
Minimum lot width: 100 feet.
[3]
Minimum lot depth: 100 feet.
[5]
Minimum each side setback: 10 feet; zero feet with common wall.
[6]
Minimum both side setbacks: 20 feet; 10 feet with one common
wall or zero feet with two common walls.
[7]
Minimum rear setback: 25 feet.
[8]
Minimum gross floor area: 900 square feet.
[9]
Maximum lot coverage: 20%.
[10]
Maximum building height: two stories or 35 feet,
whichever is less, in the R-4 and C-1 Zones; three stories or 45 feet,
whichever is less, in the CR Zone.
[11]
Maximum floor area ratio: 0.60:1.
(5)
Development standards for planned adult communities.
(a)
Parking requirements:
[1]
In the R-4 and C-1 Zones, two parking spaces shall be provided
for every dwelling unit.
[2]
In the CR Zone: off-street parking spaces shall be provided
in accordance with the following schedule for each type of use contained
in a site development plan:
[3]
One and one-half spaces for each dwelling unit, one of which
shall be enclosed in a garage or carport.
[4]
One space for each 200 square feet of floor area in use for
retail commercial purposes.
[5]
One space for each eight persons for whom seating is provided
in an auditorium or place of worship, except that this number may
be reduced to the extent that combined use of parking lots makes it
feasible.
[6]
One space for each 1,000 square feet of floor space in a medical
facility, plus additional space for each resident doctor.
[7]
All parking spaces in a PAC shall be 10 feet wide and 20 feet
long.
[8]
On-site parking facilities shall be of a design and location
that will not interfere with the efficient flow of traffic in the
area and with the access of emergency and service vehicles nor cause
a safety or nuisance hazard to residents on the site or to adjoining
properties. All assigned spaces shall be located within 200 feet of
the dwelling units they serve.
[9]
In conforming to the off-street parking requirements of this
chapter, curb parking spaces shall not be included.
[10]
A landscaped separator between parking lanes,
having a landscaped width of at least five feet, shall be provided
in the commercial areas of a PAC development.
[11]
No parking shall be permitted in the residential
setback area.
[12]
Lighting standards for outdoor parking areas shall
be limited to 14 feet in height and shall be reflected away from windows
of the dwelling units in order to minimize the impact of such lighting
on the residents in the dwelling units.
(b)
Buffer requirements. Any provision of Article VII to the contrary notwithstanding, a buffer shall be maintained around the perimeter of the planned adult community project area that is equal to the height of a respective building divided by three, the quotient of which shall be squared to produce the corresponding buffer.
(c)
Clubhouse requirements. In any planned adult community project
in which a clubhouse is constructed, such clubhouse shall provide
multipurpose space in the nature of a meeting room of at least the
greater of 600 square feet or 12 square feet per dwelling unit.
(d)
Swimming pool. A minimum of one swimming pool shall be provided
for each 600 dwelling units at a ratio of 1.7 square feet of water
surface area for each dwelling unit which the pool will serve. There
shall also be provided an improved sitting area, contiguous to all
sides of the pool, having an area two times the water surface area
of the pool. A twenty-five-meter pool shall have a minimum width of
45 feet, and a fifty-meter pool shall have a minimum width of 60 feet.
(e)
Medical facilities. There shall be sufficient building space
to adequately allow for the provisions of all medical facilities for
retirement communities as required by any applicable federal, state
or local regulations. Conveniently located on-site loading space and
accessways for use by emergency vehicles shall also be provided.
(f)
Retail service facilities. Retail service facilities associated
with a PAC shall be located within the PAC development, shall be designed
to serve the residents of the PAC, and shall be independently located
on a site or portion of a site comprising at least one acre.
(g)
Minimum tract size. Minimum tract size for PAC in the R-4 and
C-1 Zones shall be 20 acres; minimum tract size in the CR Zone shall
be 100 acres.
(h)
Density. PAC density shall not exceed four units per buildable
or net acre in both twenty-acre and one-hundred-acre sites.
(i)
Open space. PAC development projects in the CR Zone shall establish
an area of common open space comprising at least 50% of the area of
each section of development and demonstrated to the satisfaction of
the approving authority. Where a PAC contains an improved golf course
comprising an area of at least 75 acres, open space in residential
sections may be reduced to 40%. The appropriate percentage of open
space need not be established cumulatively. Open space shall consist
of preserved vegetative growth and natural features, landscaped areas
or a combination thereof in accordance with an approved open space/landscape
plan. Open space and all common areas shall be maintained by a homeowners'
association organized to the satisfaction of the approving authority
and in accordance with this chapter.
(j)
Roads. Interior roads not dedicated to public use shall have
a paved roadway width of at least 30 feet. Road improvements shall
be made and maintenance shall be provided in accordance with the standards
of the Township of Vernon. Provisions shall be made for private ownership
so that the same shall not thereafter be dedicated to the Township
of Vernon for public use.
A.
In any application for an approval or permit brought pursuant to
or involving this article, the applicant shall demonstrate to the
reasonable satisfaction of the Zoning Officer and/or reviewing board
that:
(1)
In the case of an addition to an existing building or structure,
such addition will be constructed to be architecturally consistent
with the existing building or structure.
(2)
In the case of new construction, architectural design and construction
will be in accord with or complementary to the prevailing architectural
character of the neighborhood and district if and to the extent that
such prevailing architectural pattern is desirably historic, thematic
or otherwise visually creative and appealing to persons of common
and reasonable appreciation.
B.
Nothing herein contained shall be construed to limit the proposal
of creative design(s) by a registered architect tending to demonstrate
that the purposes of this article would be advanced notwithstanding
an apparent deviation from the standards of this section so long as
such proposal is consistent with the spirit of this section.
Any building, structure, site or tract of land developed, constructed
or used for any permitted principal or accessory industrial use shall
comply with all the performance standards set forth in this section.
These performance standards shall apply unless exceeded by any state
or federal standards or amendments thereto. If there is any reasonable
doubt that the intended use will conform to any section of the performance
standards, the Planning Board shall establish and request a deposit
for each section in doubt, which deposit shall be used to defray the
cost of a special report by an expert consultant qualified to advise
on conformance to the required standard. The amount of the deposit
shall be based on a quotation from said expert consultant. Said report
shall be made within 30 days of the request and copies supplied to
the applicant. If any existing use or building is extended, enlarged
or reconstructed, the performance standards shall apply to such extended,
enlarged or reconstructed portion or portions of such use or building
or structure.
A.
Noise. Measured at the lot line, the sound pressure level of noise
emitted by all sources on a single lot shall not exceed the levels
tabulated below and corrected for the character of the noise. Measurement
shall be made with a sound level meter corresponding to ANSI Standards
S1.4 and an octave band filter conforming to ANSI standard Z24.10.
|
Octave Band Center Frequency
Cycles per Second
|
Maximum Sound Pressure Level,
Decibels Relative to 0.002 Microbars
|
|---|---|
|
31.5
|
84
|
|
63
|
70
|
|
125
|
57
|
|
250
|
50
|
|
500
|
45
|
|
1,000
|
41
|
|
2,000
|
38
|
|
4,000
|
35
|
|
8,000
|
32
|
|
Character of Noise
|
Correction of Decibels
|
|---|---|
|
Night time noise
(10:00 p.m. to 7:00 a.m.)
|
-5
|
|
Impulsive noise
|
-5
|
|
Noise of periodic character
|
-5
|
B.
Smoke. There shall be no emission of smoke or other visible atmospheric
pollutant to give a plume equivalent opacity in excess of 15%. Opacity
readings may be made visually by a trained observer or by a stack
mounted opacity meter. Steam plumes are exempt from this limit, but
steam may not be used to mask other emissions.
C.
Odor. Emission of odorous matter shall be below odor threshold concentrations at the lot lines and at the point of maximum ground level concentration if this point is beyond the lot line. Recognized compilations of odor threshold concentrations may be used as standards of the granting of use permits, but for an established use the actual detectability of odor shall be the standard. Odor threshold compilations include Air Pollution Control Association Paper 68-131, (1968); Table III, Chapter 5 of "Air Pollution Abatement Manual," Manufacturing Chemists Association, Washington, 1951; and US Bureau of Mines Technical Paper 480 (1930).
D.
Particulate emissions to the atmosphere.
(1)
Dust, dirt, fly ash, and other particulates shall be controlled
so that no such emission will cause damage to human health, animals,
vegetation, or other property, or which can cause any excessive soiling
beyond the lot line of the source use. There shall be no emission
of any solid or liquid particulate matter in excess of 0.015 grains
per dry standard cubic foot of stack gas, corrected to 12% CO2. Particulate emission determinations shall be made
according to EPA Method 5.
(2)
Fugitive dust shall be held to a minimum by use of good housekeeping
practices and other appropriate control techniques.
E.
Noxious gases. Under no circumstances shall any use emit noxious, toxic, or corrosive fumes or gases. Reference shall be made to "Table I," Industrial Hygiene Standards, Maximum Allowable Concentrations, Chapter 5 of the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.
F.
Glare and heat. No industrial uses shall carry on an operation which
will produce heat or direct or sky-reflected glare beyond the property
line of the lot on which the use is located. Industrial and exterior
lighting shall be used in such a manner that it produces no glare
on public highways and neighboring property.
G.
Fire and explosion hazards. All activities shall be carried on only
in structures which conform to the standards of the Fire Prevention
Code published by the American Insurance Association, 1965, or Borough
Building Code or other applicable local ordinance, whichever is more
restrictive. All operations shall be carried on and combustible raw
materials, fuels, liquid, and finished products shall be stored in
accordance with the standards of said American Insurance Association.
The storage of more than 500 gallons of volatile or inflammable liquid
above ground is prohibited.
H.
Liquid and solid wastes. There shall be no discharge at any point
of treated or untreated sewage or industrial waste into any stream,
lake, reservoir, or into the ground of any material which may contaminate
the water supply or endanger human health and welfare. No industrial
waste shall be discharged into any system, nor shall any wastes be
discharged in the public sewer system which are dangerous to the public
health and safety.
(1)
Maximum five-day biochemical oxygen demand: 5.0 ppm.
(2)
Maximum quantity of effluent: 10% of minimum daily stream flow.
(3)
Maximum five-day biochemical oxygen demand after dilution (BOD
of effluent multiplied by quantity of effluent divided by quantity
of stream flow): 0.25 ppm.
(4)
Acidity or alkalinity shall be neutralized to a pH of 7.0 as
a daily average on a volumetric basis, with a temporary variation
of 6.0 to 8.5.
(5)
Wastes shall not contain any insoluble substances in excess
of 5,000 ppm, and no insoluble substances shall be noticeable in the
water or deposited along the above or on the aquatic substrata in
quantities detrimental to the natural biota.
(6)
Wastes shall contain no cyanides and no halogens.
(7)
Threshold odor number shall not exceed 24° to 60° C.
(9)
No effluent shall contain any acids, ores, dust, toxic metals,
corrosive or other toxic substance in solution or suspension which
may cause odors, discolor, poison or otherwise pollute streams and
waterways in any way. There shall be no thermal discharges which detrimentally
affect the natural aquatic biota, or reasonably anticipated reuse
of the waters. There shall be no accumulation of solid wastes conducive
to the breeding of rodents or insects.
(10)
All methods of sewage and industrial waste treatment and disposal
shall be approved by the New Jersey State Department of Environmental
Protection and the Sussex County Department of Health, the Vernon
Township Department of Health and Human Services and the Sussex County
Municipal Utilities Authority.
I.
Vibration. No activity shall cause or create a steady state or impact
vibration at or beyond the lot line causing acceleration in excess
of that indicated in the attached figure. The numbers on the ordinate
are peak values of sinusoidal accelerations or 1.4 times the root
mean square values of random vibrations measured in octave bands.
These criteria are for vertical vibrations and are to be reduced by
a factor of 1.4 for horizontal vibrations. The ordinate unit, g, is
9.81 m/sec2 (32.2 feet/sec2).
J.
Radioactivity and electrical disturbance. Radioactivity shall not
be emitted to exceed quantities established as safe by the US Bureau
of Standards, as amended from time to time. No electrical disturbances
(except from domestic household appliances) adversely affecting the
operation at any point of any equipment other than that of the creator
of such disturbance.
K.
Conformance to state standards. Any operation shall also comply with
any applicable state standards and requirements and particularly to
the New Jersey Department of Environmental Protection, N.J.A.C. Title
7, Chapter 27, Subchapters 3, 4, 5, 6, 7, 11, 13 and 16.
