Each supplemental use control set forth in this Article VII shall apply in any district in the Township in which the use subject to such supplemental use control is permitted.
A.
Storage sheds, greenhouses and other outbuildings
in residential zones shall conform to the following:
(1)
No structure shall be permitted between the building
setback line and the street line.
(2)
No structure shall be located within five feet of
a side property line.
[Added 3-21-1994 by Ord. No. 94-2]
(3)
No structure shall be located within five feet of
the rear property line.
[Added 3-21-1994 by Ord. No. 94-2]
B.
Walls and fences. In all planned developments, walls
may be constructed in front, side and in rear yard areas for the purpose
of enclosing private patios and courtyards. The enclosed space resulting
from the walls shall not be roofed. Such walls shall be constructed
of brick, wood, masonry or concrete with stucco or other appropriate
finish but shall be similar within groups of houses.
C.
Driveways.
(1)
No driveways shall be within five feet of any property
line unless such driveway is shared by an adjacent house.
(2)
No driveway shall be constructed so that there is
more than one entrance to a street.
(3)
No driveway shall be constructed in such a way as
to create a drainage problem on the subject property or an adjacent
property.
D.
Other accessory use controls.
(1)
No commercial or industrial activities, except customary
home occupations and professional offices, shall be permitted unless
specifically stated in the applicable zoning district.
(2)
No activities shall be permitted which create a public
nuisance or interfere with the use of adjacent residential lots.
(3)
Nothing in this section shall limit other uses not
mentioned so long as they are accessory to the residential use of
the land, are temporary in nature and do not create a threat to the
public health, safety or welfare of the community.
E.
Except as specifically otherwise permitted, any customary
accessory use shall be governed by the area and bulk regulations applicable
to the primary use on the same lot.
In residential districts, all dwelling units
with direct access to a public street, except apartment units, may
be used for the practice of home occupations, provided that the approving
authority grants conditional use approval subject to the following:
A.
The principal person so employed shall be the owner
of the dwelling unit.
B.
Such occupations shall be incidental or secondary
to the use of the property as a residence and are limited to those
occupations customarily conducted within a dwelling unit.
C.
No other persons except the owner shall be employed
to practice the occupation.
D.
Such operations shall be operated as a sole proprietorship,
except that, should the owner/operator be substantially physically
handicapped, a nonresident may be employed to assist the owner/operator
in his/her work to the extent required to compensate for the aforesaid
handicap condition.
E.
The area used for the practice of a home occupation
shall occupy no more than 1/3 of the total floor area of the dwelling
unit.
F.
Manufacturing, repairing or other mechanical work
shall be performed in an enclosed area so that such activity shall
be conducted in such a way that no noise, odor, dust, vibration, electromagnetic
interference, smoke, heat or glare or any radiation of any kind which
is in the defined radio frequency spectrum shall be noticeable at
or beyond the property lines, or no potentially dangerous effluent
shall be discharged.
G.
No storage of materials or products in open areas
shall be permitted.
H.
No retail sales shall be permitted, except for home-produced
goods.
I.
No material designed for use as an explosive shall
be reproduced or stored on the premises.
K.
No display of products shall be visible from the street.
L.
The driveway and parking area shall be paved in accordance
with acceptable engineering standards.
M.
A certificate of occupancy shall be required for the
floor area devoted to the home occupation.
N.
No sign identifying or advertising the home occupation
shall be permitted.
Professional office or studio of a physician,
dentist, lawyer, architect, engineer, musician, artist, teacher, real
estate broker, registered nurse or other similar professional person
shall be permitted in a dwelling in any residential district, subject
to the following conditions:
A.
Off-street parking spaces shall be provided in addition
to those otherwise required in this chapter according to the nature
of the profession or business practiced.
B.
No more than two persons shall be employed by the
practitioner, who must be the owner, of the professional occupation
to provide secretarial, clerical, technical or similar assistance.
C.
The area used for the practice of a profession shall
occupy no more than 1/3 of the total floor area.
D.
No manufacturing, repairing or other mechanical work
shall be performed outside the dwelling unit. When such activity is
conducted inside the dwelling unit, it shall be conducted in such
a way that no noise, heat, glare, odor, vibration, electromagnetic
interference or smoke shall be perceptible at or beyond the property
line.
E.
No storage of materials or products outside the dwelling
unit shall be permitted unless completely housed.
F.
The professional use shall be clearly incidental to
the residential use of the dwelling unit and shall not change the
essential residential character of the dwelling.
G.
No display of products shall be visible from outside
the building.
[Added 3-21-1994 by Ord. No. 94-2]
A.
The intent of this section is to establish standards
for the keeping of livestock, animals and fowl on a noncommercial
basis and in a manner which will not endanger the health, safety and
welfare of the Township residents and which will assure that such
livestock, animals and fowl are kept in a clean and sanitary condition
and not subjected to suffering, cruelty or abuse.
B.
The keeping of livestock, animals and fowl shall be
subject to the following special requirements:
(1)
Livestock, poultry, rabbits, bees and domestic pets
may be kept by the resident on the premises where he resides, provided
that said activities are primarily for personal, noncommercial purposes
and said premises, exclusive of the residence portion, have a lot
area of not less than two acres. The number of livestock per acre
(exclusive of a minimum area of one acre devoted to residential use)
shall not exceed one adult horse or cattle or two adult sheep or goats
with their young under six months of age. Kennels are prohibited.
(2)
No structure for animals or poultry other than fencing
or grazing land shall be closer than 30 feet to property or street
lines or 15 feet to a property line and 75 feet to any neighboring
residence, whichever is greater.
C.
Dogs and cats, as pets, are permitted, but not more
than three of each, over four months of age per lot.
In all districts, subject to the provisions
elsewhere in this chapter and subject to the provisions in other Township
ordinances, excavation shall be limited to the removal of topsoil,
substrata or sod under the following conditions:
Controls for nonresidential accessory uses shall
include the following:
A.
Garages. Such buildings shall be designed to conform
with the main building and shall not be within 50 feet of any street
line.
B.
Maintenance building. Such buildings shall not be
located within 30 feet of any street line.
C.
Recreational facilities. Such uses shall be conducted
within a building or in a landscaped area which is set back 50 feet
from any street line.
D.
Sewage treatment plants and facilities. No such facility
shall exceed the height limit of the district in which it is situated
or 50 feet in height, whichever is less. No such facility shall be
located within 100 feet of the lot line of any residential use.
E.
Storage areas. All such facilities shall be located
in a building which has direct access to a street or driveway. No
such building shall be located within 50 feet of any street line.
F.
Other accessory use controls. All uses shall be restricted
to the activities related to the primary use, excluding accessory
services to adjacent uses on nearby lots.
G.
Dwelling quarters for watchman or caretakers. Such
uses shall be located on the premises of the primary use.
H.
Area and bulk regulations. Except as specifically
otherwise permitted, any customary accessory use shall be governed
by the area and bulk regulations applicable to the primary use on
the same lot.
The following performance standards shall be
applicable to all industrial uses in the Township:
A.
Dissemination of smoke, fumes, dust, dirt or other
noxious gases from any use shall not extend beyond the boundaries
of the zone in which said use is located.
B.
Liquid wastes and effluent shall be discharged into
an approved existing sewage treatment plant in accordance with that
plant's regulations, or each industry shall treat its own liquid wastes
and effluent in a treatment plant or process which is in compliance
with the state statutes, the requirements of the State Department
of Health and applicable Township health ordinances.
C.
Precaution against fire hazards, proper handling and
storage of materials, structural design and safeguards for the health
of workers shall comply with state statutes and requirements of the
State Department of Labor and Industry.
D.
Operations or processes involving the generation of
offensive light or glare shall be confined to a structure or enclosure
and shall not be visible outside of said building or enclosure.
E.
Any noise, resulting from the operation of any use
measured at a distance of 100 feet from the source of said noise shall
not be in excess of 60 decibels above the reference level.
F.
The reference level for noise measurement shall be
the American Standards Association standard sound pressure reference
level of 0.0002 dyne per square centimeters at 1,000 cycles. Instrumentation
and methods of measurement shall be based upon the ASA standards.
G.
Uses involving any operation or process which causes
vibration at a point 100 feet from the source of said vibration shall
not be permitted.
[Amended 3-15-1999 by Ord. No. 99-6; 12-15-2003 by Ord. No.
2003-24]
A.
In those districts in which service stations, public
and commercial garages, auto repair shops and new and used car lots
may be permitted as a conditional use, the following special requirements
shall apply:
(1)
In no district shall a service station, auto repair
shop, new or used car lot or commercial garage be erected, enlarged
or established within 200 feet of:
(2)
A detailed set of plans, specifications and site plan
shall be submitted to the Planning Board, showing:
(a)
The location of such service station or commercial
garage.
(b)
The location and number of fuel pumps.
(c)
The location, depth and capacity of fuel tanks.
(d)
The type of structure and accessory buildings
to be constructed.
(e)
The number of vehicles to be garaged.
(f)
The location and extent of driveways.
(3)
Pump islands shall not be less than 30 feet from any
street line. All fuel tanks shall be installed underground and in
compliance with New Jersey Department of Environmental Protection
(NJDEP) standards.
B.
Outside pits, racks or lifts shall be prohibited.
C.
For all service stations, auto repair shops and new or used car lots, the first 25 feet of lot width adjacent to a public street shall be landscaped in accordance with the provisions of §§ 203-68 and 203-69 (except for necessary drive aisles) and the display or parking of vehicles within this area shall be prohibited.
D.
Service stations, auto repair shops and new or used car lots adjacent to permanent and transient residential uses and public or private open spaces shall be screened by twenty-five-foot-wide evergreen screening buffer in accordance with §§ 203-68 and 203-69, not less than six feet in height and which shall be maintained in a safe and sightly condition.
E.
Driveways. Driveways shall cross the sidewalk at right
angles and shall not be more than 36 feet wide at any point thereof.
Driveways must be at least five feet from any side lot line and 50
feet from the intersection of street lines. There shall be no more
than one driveway on any one street frontage unless the street frontage
is in excess of 70 feet, in which case there may be a maximum of two
driveways on street frontage, provided that such driveways are 25
feet apart.
F.
Curbing. A raised concrete curb shall be constructed
and maintained in a sound and safe condition along all street property
lines, except at driveways. All such required curbs shall conform
to the following dimensions:
G.
Paving. The entire area of the station traversed by
motor vehicles shall be paved with an all-weather surface.
H.
Landscaping. At least 5% of the interior of the lot
area, exclusive of required perimeter buffers, shall be planted with
trees or shrubs.
I.
All gasoline or fuel tanks with a capacity of more
than 275 gallons shall be underground.
J.
Minimum frontages. In order to minimize traffic hazards
and permit safe ingress and egress to and from service stations, the
following minimum frontages are hereby required:
(1)
Where stations are located on municipal streets or
county highways, not less than 150 feet for stations with not more
than three dispensing units, and for every three additional units
or fraction thereof, there shall be an additional 50 feet of frontage.
(2)
Where stations are located on state highways, not
less than 200 feet for stations with not more than three dispensing
units, and for every three additional units or fraction thereof, there
shall be an additional 50 feet of frontage.
(3)
Where stations are located at intersections, the frontage
shall be that portion facing on the more heavily traveled street or
highway, as determined by the Planning Board. Such stations located
at intersections shall have a minimum average lot depth of 150 feet.
(4)
All new and used car lots shall have a minimum street
frontage of 300 feet.
K.
Minimum lot areas and bulk standards.
(1)
All service stations, public and private garages,
which are principal uses, and auto repair shops, shall conform to
the minimum lot area and other bulk standards of the zoning district
in which they are located.
(2)
All new and used car lots shall have a minimum lot
area of 10 acres and shall conform to all other bulk standards of
the zoning district in which they are located.
A.
Intensive fowl or livestock farms, as defined in Article II, § 203-5, of this chapter, may be established in any district, but only as a conditional use after site plan review and approval by the Planning Board in accordance with the following standards and requirements and other applicable regulations. In addition to normally required site plan information, the application shall set forth:
(1)
The purpose of the operation.
(2)
The manner in which animals or fowl would be housed
or ranged.
(3)
The number, size, species and type of animals or fowl
proposed to be kept and the number of each per gross acre.
(4)
Location of and methods for the storage, disposal
or other utilization of liquid and/or solid wastes.
(5)
The location of any outside fowl ranges or livestock
pens or corrals.
(6)
Proposed lighting and ventilation.
B.
The Planning Board must find the system for disposal
of waste from the animals is adequate and has reasonable assurance
that it will continue to be adequate, practical and efficient for
the foreseeable future and, if necessary, can require guaranties of
same. Disposal of waste by a combination of holding tanks and injection
into land owned by the operator may be required by the Planning Board
after taking into consideration the number and type of animals, the
type and amount of confinement and the amount of land owned by the
operator on which waste will be spread.
C.
The Planning Board must find that the operation planned
will not reasonably be expected to constitute a nuisance because of
odor, sound or sight to the neighborhood nor create any reasonably
foreseeable sanitation or health problems.
D.
No building, fenced run or other enclosure for the
containment of fowl or livestock, or for the storage of animal waste
on an intensive fowl or livestock farm shall be closer to any front,
side or rear property line or zoning district boundary line than 500
feet. However, a pasture may be established and maintained closer
than 500 feet to a boundary and animals kept in it under the following
conditions:
(1)
An adequate fence is maintained.
(2)
A growth of grass or other foraging vegetation has
been established and is maintained.
(3)
No feeding of any animals is done in the pasture other
than the grazing by the animals of the vegetation growing there.
(4)
The density of animals in the pasture shall not be
so great as to cause an overgrazing of the pasture so as to render
any part of it barren of vegetation.
E.
The feeding of swine upon garbage or similar refuse
material, either cooked or uncooked, is specifically prohibited.
F.
In reviewing any application for an intensive fowl
or livestock farm, the Planning Board may request:
(1)
An advisory opinion from the Soil Conservation District
concerning the adequacy of plans for liquid or solid waste management
(including proposed handling methods if off-site disposal is contemplated),
as to whether such plans comply with Standards for Animal Waste Management
as adopted by the Gloucester Conservation District; and
(2)
An advisory opinion from the office of the County
Agricultural Agent concerning the adequacy of plans for dealing with
specific potential nuisance characteristics in relation to any applicable
published standards or guidelines issued by the State of New Jersey
or Rutgers, the State University.
G.
Any certificate of occupancy shall remain valid only
so long as the intensive fowl or livestock farm is operated in a nuisance-free
manner in accordance with the above-listed standards and any additional
conditions imposed by the approval authority.
[Amended 12-15-2003 by Ord. No. 2003-24]
A.
Purpose.
(2)
To preserve and enhance the existing natural features
on individual sites, thereby maintaining and conserving the Township’s
natural amenities. This can be achieved by utilizing methods such
as planting natives, xeriscaping (using drought-tolerant plants),
using drip irrigation systems and sustainable materials.
(3)
To provide for the harmonious development of contiguous
properties in the same and different zoning districts by providing
certain minimum landscaping requirements for all land developments
including, but not limited to, residential, multifamily residential,
motel, office commercial, institutional, industrial and public purposes.
(4)
To help prevent soil erosion and sedimentation; to
retard glare, heat, pollution and noise.
B.
Applicability.
(1)
The tree protection and landscaping standards shall
be applicable to all subdivisions of land and any parcels undertaking
site plan activities. All parts of properties being redeveloped, renovated
or improved as part of a subdivision or site plan application shall
be brought into compliance with the requirements of this chapter,
to the fullest extent possible.
(2)
Landscaping may include plant materials such as trees,
shrubs, ground covers, perennials, annuals, and mulch. It may also
include other man-made and natural elements such as rocks, land forms
and berms, water, sculpture, art, walls, fences, street furnishings
and paving materials.
C.
Tree protection management plan.
(1)
A tree protection management plan must be submitted
at the time of site plan application, pursuant to this chapter, if
there are one or more live trees proposed to be cut or removed from
the property.
(2)
Tree protection management plan(s) shall be submitted
with each site plan or major subdivision plan application. They shall
be on the same size sheets and at the same scale as other corresponding
layout plans in the set, and shall contain the following information:
(a)
Location of all existing or proposed buildings,
driveways, grading, septic fields, easements, underground utility
lines, rights-of-way, and other improvements.
(b)
Location of existing natural features, including
wooded areas, watercourses, wetlands, and floodplains.
(c)
The limits of the tree protection zone, according
to the following distances from proposed improvements:
(d)
Location of all existing individual live trees
outside of the tree protection zone (i.e., within the area to be disturbed),
with trunk diameters five inches or greater measured 4 1/2 feet above
ground level. Each tree shall be noted by its species, size and general
health condition. Whenever possible, the actual canopy spread shall
be shown, but if it must be estimated, the canopy shall equal 1 1/2
feet of diameter per one inch of trunk diameter.
(e)
Location of all tree masses to be preserved.
Only the outermost canopy line of these tree masses shall be shown.
(f)
Each tree, or mass of trees, to be removed or
transplanted shall be clearly labeled as such.
(g)
A chart tabulating the diameter inches being
removed, the required diameter inches to be replaced, and the equivalent
number of compensatory trees.
(h)
Specifications for the removal of existing trees
and for the protection of existing trees to be preserved, including
detail(s) of tree protection fencing.
D.
Landscape plan requirements.
(1)
The requirements and standards described herein shall
be considered the minimum for all landscape plans as required by this
chapter. Standards established by other Township ordinances or by
state and federal rules and regulations shall apply where those standards
are more restrictive than the standards set forth herein.
(2)
The landscape plan shall be prepared and sealed by
a certified landscape architect or other similarly qualified professional
acceptable to the Planning Board.
(3)
Landscape plans shall be submitted with each site
plan or major subdivision plan application. They shall be on the same
size sheets and at the same scale as other corresponding layout plans
in the set, and shall contain the following information:
(a)
Existing vegetation to remain and the location
of proposed plantings, with transplants and compensatory plants clearly
labeled on both the plan and in the planting list/schedule.
(b)
Existing and proposed improvements, including
structures, utilities, lighting, signage, stormwater management system
structures, pavement materials, water features, fences, walls.
(c)
All ground plane treatments including seed,
sod, ground covers and mulch beds, with beds clearly defined.
(d)
Existing and proposed grades, including berm
contours.
(e)
A plant list on the same sheet, or reference
to the sheet on which it appears, which contains a key or symbol reference,
corresponding to labels or symbols on the plan; the proposed quantity
of each plant species; the scientific and common plant names; the
size of the plant at installation; the root condition; plant spacing;
and any special specifications or instructions.
(f)
Details of the proposed method of planting,
staking and tree protection.
(g)
Standard planting notes reflecting current industry
standards, including, but not limited to, the guarantee period and
maintenance commitment.
(4)
Detailed planting areas, which are not clearly legible
on plans at a smaller scale, shall be shown at a scale of one inch
equals 30 feet or larger, to depict the detail. This may be necessary
to communicate plantings around signage, project entries, in courtyards,
tot-lots or building foundations, for example.
E.
Standards for plant material.
(1)
Plant species selected shall be suitable to the site’s
microclimate, be appropriate for the intended function, be proportional
to site features, and minimize the amount of maintenance required.
(2)
With the exception of transplanted material, all proposed
plant materials shall be nursery-grown, disease-free, and shall conform
to the standards listed in American Standard for Nursery Stock, ANSI
Z60.1, current edition, published by the American Nursery and Landscape
Association (ANLA).
(3)
Plant material shall conform to the following minimum
sizes and root condition:
(a)
Shade and street trees shall have a minimum
caliper of three inches to 3 1/2 inches, measured six inches above
ground level, and a minimum height of 13 feet to 15 feet at installation.
A minimum of 50% of the trees shall be native to the region. Multiple-trunked
trees should be identified as such in the plant list. Multiple-trunked
trees shall be counted as one tree.
(b)
Ornamental and flowering trees shall have a
minimum height of eight to 10 feet at installation. Multiple-trunked
trees should be identified as such in the plant list. Multiple-trunked
trees shall be counted as one tree.
(c)
Evergreen trees shall have a minimum height
of six feet at installation.
(d)
The roots of all trees shall be contained in
soil, and shall be balled and burlapped, except as otherwise noted
in this chapter.
(e)
Upright shrubs shall be a minimum height of
three feet at planting. Spreading shrubs shall be a minimum of 18
inches in spread at planting.
(f)
Ground covers, perennials, bulbs and annuals
shall be appropriate to type.
(4)
A variety of plant species are encouraged to avoid
monocultures, to encourage long-lived species, and to promote wildlife
habitat. Tree and shrub plantings shall contain the following minimum
species mix:
|
Number of Trees
|
Minimum Species
| |
|---|---|---|
|
1 to 9
|
1
| |
|
10 to 49
|
2
| |
|
50 to 99
|
3
| |
|
100 to 199
|
4
| |
|
Over 200
|
5
|
|
Number of Shrubs
|
Minimum Species
| |
|---|---|---|
|
1 to 49
|
1
| |
|
50 to 99
|
3
| |
|
Over 100
|
5
|
(5)
Other plant types, such as those marginally hardy
to the area or those which have an unusual form, and/or nonvegetative
features, such as water or rock gardens, may be incorporated into
required planting areas. However, only those plants, which meet the
requirements above, may be counted toward satisfying the minimum planting
requirements of this chapter.
(6)
Guarantee and maintenance. All landscape materials,
including compensatory and transplanted trees depicted on the approved
landscape plan, shall be financially secured, guaranteed and maintained,
including, without limitation, compliance with the following:
(a)
All landscape improvements to be provided shall
be installed and maintained by accepted practices as recognized by
the American Nursery and Landscape Association. Planting and maintenance
of vegetation shall include, as appropriate, but not necessarily be
limited to, provisions for surface mulch, staking and guying, irrigation,
fertilization, insect and disease control, pruning, mulching, weeding
and watering.
(b)
The applicant shall make arrangements acceptable
to the Township that all landscape improvements installed in accordance
with this chapter shall be guaranteed and maintained in a healthy
and/or sound condition, or otherwise be replaced by equivalent improvements,
for a period of at least two years following their installation. The
guarantee period shall be noted on the plans.
(c)
After installation and prior to commencement
of the guarantee period required above, the Township shall perform
an inspection of the finished site for compliance with the approved
landscape plan. Following this inspection, an as-built landscape plan
shall be furnished to the Township by the applicant. Provided the
finished site is found to be in compliance, the two-year guarantee
period shall commence five days from the date of inspection.
(d)
Plants found to be in poor health or lacking
normal growth habit during the two-year guarantee period shall be
replaced with nursery-grown plants, in accordance with the approved
landscape plan, within 60 days of being notified by the Township,
or during the next planting season, if notified out of season. All
replacement plants shall be subject to a new two-year guarantee period.
(e)
Where accidental damage or vandalism of plants
occur, the applicant shall replace the damaged plant material in accordance
with the original or an approved modified landscape plan.
(f)
The applicant shall be required to escrow sufficient
funds for the maintenance and/or replacement of the proposed vegetation,
including compensatory plantings, during the two-year guarantee period.
The escrow amount shall be equivalent to 110% of the amount of the
cost estimate submitted with the approved landscape plan. In addition,
an escrow shall be required for existing plants being disturbed by
construction activities and/or transplanted plants that are being
used to satisfy the minimum requirements contained in this chapter.
This amount shall be equivalent to 110% of the cost of replacement
with nursery-grown stock, based on the number of tree credits received
for each existing tree or transplant. An escrow is not required for
existing preserved trees outside the construction limits, or for transplanted
material not being used to satisfy the minimum requirements of this
chapter.
F.
Transplanted plants.
(1)
On a case-by-case basis, provisions may be made for
the moving of existing trees, shrubs or other natural features to
other locations on the site if requested by the applicant or the Planning
Board.
(2)
When used to satisfy a minimum requirement contained
in this chapter, the transplanted plant materials shall be at least
the same size as required nursery-grown material, and shall also be
subject to the same protection, maintenance and guarantee requirements
of this section.
(3)
Transplanted material shall be handled according to
the ANLA’s guidelines and pruned according to the NAA’s
publication “A300 Pruning Standard.” When pruning, a more
conservative crown clearing is recommended, removing up to 25% of
the branches.
G.
Compensatory planting.
(1)
In the event that preservation of existing trees within
the tree protection zone (outside of the development zone) is impossible,
and/or relocation of improvements impractical, then compensatory planting
shall be required for each live tree within the tree protection zone,
and each specimen tree anywhere on the site.
(2)
Trunk diameters shall be measured according to the
following guidelines.
(a)
For single-trunked shade trees, at a point 4
1/2 feet above ground level.
(b)
For single-trunked ornamental trees, at a point
12 inches above ground level.
(c)
For evergreen trees, at a point 12 inches above
ground level.
(d)
For multitrunked trees that branch between one
and 4 1/2 feet above ground level, at a point just below the split.
(e)
For multitrunked trees that branch below one
foot above grade, the diameter shall be 60% of the sum total of all
trunks measured at a point 4 1/2 feet above ground level.
(3)
Compensatory trees shall be provided in the following
ratios, based on the sum total of the diameter inches of trees being
removed. These standards are applicable to both deciduous and evergreen
trees. Compensation is not required for shrubs, unless otherwise required
by the Planning Board.
(a)
For trees five to 24 inches in diameter, one
inch of new tree caliper shall be provided for every one inch of existing
tree diameter cut or removed.
(b)
For trees 24 inches in diameter or greater (specimen
trees), two inches of new tree caliper shall be provided for every
one inch of existing tree diameter cut or removed.
(c)
For existing street trees within the right-of-way,
one tree, with a caliper of three to 3 1/2 inches, shall be replanted
in the street tree planting strip.
(d)
For other significant areas of woods containing
deciduous trees smaller than five inches in diameter, or evergreens
less than six feet in height, replanting shall be with seedling material,
of comparable native species, placed on a ten-foot-by-ten-foot grid.
Compensation shall be at a rate of one square foot of new planting
area for one square foot area of disturbance. This material may be
bare root or container-grown stock.
(4)
The number of compensatory trees should be calculated
from the total diameter inches to be replaced, divided by three, rounded
up to the next whole number.
(5)
Compensatory trees shall be three to 3 1/2 inches in caliper, and planted in accordance with the standards contained within Subsection E above. Evergreen and ornamental trees may be substituted at a ratio of 2:1 shade tree, for up to 50% of the requirement. Alternative types of compensatory planting may be permitted, when approved by the Planning Board.
(6)
Locations of compensatory trees must be clearly labeled
on the landscape plan. They may be placed anywhere on the site, but
are in addition to other required trees.
(7)
In the event that the applicant establishes to the
satisfaction of the Planning Board that constraints incident to the
land itself (including, without limitation, extreme topography, unsuitable
soils, rock outcrops and existing uninterrupted dense canopy) render
it impractical to locate on the lot the required number of compensatory
trees, then, at the election of the Planning Board, the applicant
shall: install a portion of the required compensatory trees on other
public lands within the Township; contribute to the Township the estimated
cost of those trees which cannot practically be installed on the property
for later installation of trees on public lands; and/or install fewer,
larger or more valuable compensatory trees on the lot with an aggregate
cost as installed and guaranteed not less than the estimated aggregate
cost of the required number of compensatory trees. Whichever alternative
is elected by the Board shall serve as the basis for calculating the
required financial security in conformance with Subsection E(7)(f)
above.
H.
Street trees.
(1)
Street trees shall be required along all existing
or proposed public or private streets when they abut or lie within
the proposed subdivision or site plan, and are in addition to other
required plantings.
(2)
Street trees shall be placed in a planting strip located
between the proposed sidewalk and curb, within the right-of-way line.
Where no sidewalks are proposed and are not planned in the future,
the trees shall be placed five feet behind the curb or edge of pavement.
Street trees shall not be planted within clear sight triangles, as
defined in this chapter.
(3)
Street trees shall comply with the size and spacing
requirements below. A minimum of 50% of the proposed street trees
shall be native to the region.
|
Tree Size
(feet)
|
Planting Interval
(feet)
| |
|---|---|---|
|
Large trees (40+)
|
40
| |
|
Medium-sized trees (30-40)
|
30
| |
|
Small trees (to 30)
|
20
|
(4)
The linear footage of right-of-way or pavement frontage
shall be divided by the planting interval, without deducting the areas
of driveway cuts or crosswalks. Fractions shall be rounded up. Trees
shall be distributed along the entire planting strip, although they
need not be evenly spaced.
(5)
To prevent the total obliteration of sections of trees by disease or insect infestation, a variety of trees shall be used in each street tree planting. Species mix shall conform to Subsection E(4) above. Street tree species should not be alternated, but should be grouped at the designer’s discretion. This does not preclude the limited use of a singular species of tree to create a strong design statement. In general, no more than 20 trees in a row or in a cluster should be of the same species, unless otherwise approved.
(6)
In certain rural sections of the Township, the planting
of groves or clusters of street trees may be more appropriate to replicate
the naturally occurring patterns of succession. In these cases, the
following additional guidelines shall apply:
(a)
Two street trees with a minimum one-and-one-half-inch
to two-inch caliper may be substituted for each one required street
tree.
(b)
Clusters shall contain from two to seven trees.
The number of trees in each sequential cluster should be varied.
(c)
The trees within the clusters shall be spaced
from 15 feet to 30 feet on center.
(d)
The maximum distance between clusters shall
be no greater than 75 feet.
(e)
The width of the tree planting strip may extend
up to 15 feet onto the lot from the right-of-way line.
(7)
Alternate arrangements to create a special effect
(i.e., columnar trees spaced 15 feet on center at a development entry)
may be permitted on a case-by-case basis, when approved by the Planning
Board.
(8)
Trees shall be planted so as not to interfere with
the installation and maintenance of sidewalks and utilities, in accordance
with the following guidelines.
(9)
Plantings shall not block, impede or interfere with
the installation, safe use, operation or maintenance of roadways,
sidewalks, sight easements, utilities, and lighting in accordance
with the following guidelines. Plantings shall not be of an invasive
nature, weedy or brittle character, easily susceptible to pest infestations
and/or diseases, or possess hazardous characteristics (bee-attracting,
poisonous, thorny) when used in areas designated for sitting or play.
(a)
Five feet from curbs and sidewalks. If trees
are located closer than 10 feet to a sidewalk, root barriers shall
be placed along the tree side of the sidewalk for a distance of 12
feet, centered on the trunk. Root barriers are not required along
the curb;
(b)
Ten feet from underground utilities;
(c)
Fifteen feet from overhead utilities, unless
the use of small shade or ornamental trees is approved; and
(d)
Trees planted adjacent to sidewalks shall be
limbed to a minimum of seven feet.
(10)
The street tree requirement may be waived where
existing preserved vegetation is considered sufficient to meet these
requirements, and is reasonably assured of continued survival.
(11)
If tree pits are used within paved areas, they
may be covered with tree grates and/or a variety of porous materials;
however, the minimum surface area for gas exchange must be 15 square
feet per tree, unless otherwise approved by the Planning Board.
I.
Landscaping for parking lots, loading and vehicle
storage areas.
(1)
Except for detached single-family and two-family dwelling
units, a screen planting, berm, fence, wall or combination thereof,
no less than four feet in height, measured from the center line of
the adjacent street, shall be provided between the off-street parking
areas and any lot line or street line except where a building intervenes
or where the distance between such areas and the lot line or street
line is greater than 150 feet.
(2)
All site plans/subdivisions that contain parking lots,
access lanes and service drives shall be designed to include planting
islands, divider strips and/or building foundation plantings. Such
landscaped areas shall be distributed throughout the vehicular use
area, or along their perimeter, in order to break the view of parked
vehicles in a manner not impairing visibility.
(3)
Planting islands shall conform to the following standards:
(a)
Planting islands shall be distributed throughout
the parking lot, according to one of these two formulas:
[1]
One planting island, a minimum of nine feet
wide by 18 feet long, spaced not more than 180 feet apart, or every
20 parking stalls, in single or double bays; or
[2]
One diamond tree pit, a minimum of four feet
square, spaced not more than 45 feet apart, or every five parking
stalls in double bays. These are to be placed at an angle of 45°
to the stalls, at the conjunction of four adjacent stalls. In addition,
islands 18 feet in width shall be provided at the ends of rows in
which diamond tree pits are used.
(b)
Islands should be placed opposite each other
in adjacent rows of parking, to reduce the number of raised islands,
and to increase the area available for tree roots.
(c)
The last parking stall in a row shall be separated
from drive aisles by a planting island, a minimum of nine feet in
width.
(d)
Each planting island shall contain one shade
tree plus three shrubs, ground cover, perennials and/or mulch to cover
the entire area at maturity. At least 50% of the proposed shade trees
shall be native to the region. Shrubs located at the ends of the islands
shall be maintained at a maximum height of 2 1/2 feet for sight line
and safety purposes.
(4)
Divider strips shall conform to the following standards:
(a)
Divider strips shall be placed at every other
bay of parking, running the length of the rows of parking, and be
landscaped with plantings of shade, ornamental, and/or flowering trees,
plus shrubs, ground cover and/or mulch to cover the entire area at
maturity. A “bay of parking” is the width of pavement
needed to accommodate either one or two rows of parking stalls plus
one access lane.
(b)
Divider strips shall be a minimum of 10 feet
wide, unless a sidewalk is proposed within the divider strip, then
the divider strip shall be increased in width by six feet. An approved
root barrier shall be placed along the tree side of the sidewalk for
a distance of 12 feet, centered on the trunk.
[1]
The quantity of shade trees required shall be
calculated at one tree per 40 feet of divider-strip length, exclusive
of end islands. Two ornamental trees may be substituted for one shade
tree, for up to 50% of the requirement. The trees need not be spaced
evenly apart; however, the maximum spacing shall be 50 feet.
[2]
The quantity of shrubs shall be calculated at
one shrub per 10 feet of divider strip, exclusive of end islands.
Shrubs shall be spaced according to size, but not more than five feet
apart. Gaps may be placed between the shrub plantings to provide areas
for ground covers, decorative mulch beds, artwork, crosswalks, or
flowering plants. Shrubs within 10 feet of the ends of the strips
shall not exceed 2 1/2 feet in height, so as not to block visibility.
This shall not preclude the use of taller shrubs elsewhere within
the divider island.
(5)
All loading areas shall be landscaped and screened
sufficiently to obscure the view of the parked vehicles and loading
platforms from any public street throughout the year. Such screening
shall be by an extension of the building, a fence, berm, wall, planting
or combination thereof and shall not be less than five feet in height
at the time of planting, and eight feet in height at maturity.
(6)
To prevent conflicts with the opening and closing
of automobile doors, and to reduce damage from automobile overhangs,
all shrub plantings in parking lot islands and divider strips located
adjacent to or abutting parking stalls shall be set back a minimum
of two feet from the curb or edge of pavement.
(7)
Plantings required within the parking areas are exclusive
of other planting requirements such as street trees, buffer and compensatory
plantings.
J.
Facade plantings. To break up long stretches of facade
and provide a more comfortable pedestrian environment, plantings shall
be placed along the sides of buildings facing parking lots and street
rights-of-way, according to the following standards:
(1)
Plantings are required for all sides of a non-single-family
residential building facing parking lots or areas intended primarily
for pedestrian use. Plantings are not required along the sides of
buildings containing service or loading areas, unless they also face
parking areas. If part of a side of the building faces parking, only
that portion is subject to these requirements.
(2)
Plantings are required for all sides of a non-single-family
residential building facing a street right-of-way.
(3)
Plantings shall front a minimum of 50% of the length
of the building and any outdoor retail, cafe or occupied areas. Screen
plantings are not required in front of outdoor sales or cafe areas;
however, consideration should be given to placing some of the required
trees in front of these areas.
(4)
Facade plantings should consist of a minimum of 50%
evergreen material to ensure that landscaping is present during the
late fall to early spring seasons.
(5)
The minimum planting requirement shall be one shade
tree per 40 feet of building facade, plus six shrubs (including ornamental
grasses with a minimum height of three feet) per 20 feet of building
facade, outdoor retail, cafe or other occupied areas. To allow for
design flexibility, the following substitutions may be made:
(6)
Plantings may be placed in a lawn area, tree pits,
and/or planters as appropriate to the character of the development,
using the following guidelines as to placement:
(a)
Shade trees shall be placed at least 15 feet
from a building wall. Ornamental and evergreen trees shall be placed
at least 10 feet from a building wall.
(b)
If any tree is located closer than 10 feet to
a sidewalk, approved root barriers shall be placed along the tree
side of the sidewalk for a distance of 12 feet, centered on the trunk.
(c)
Planters shall be at least 30 inches high, but
no higher than 42 inches, and contain drainage holes.
K.
DEVELOPMENT ZONE
TREE PROTECTION ZONE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The area where the majority of development on a site will
take place. This area is located outside of the tree protection zone,
and is typically where buildings, parking lots and stormwater basins
are proposed. Only specimen trees (24 inches and greater) are to be
compensated for within the development zone.
An area bounded by the parameters outlined in Subsection C(2)(c) where trees are to be preserved as much as possible. All trees five inches or greater that are removed from this area must be compensated for.
[Amended 12-15-2003 by Ord. No. 2003-24]
B.
Type, location and width.
(1)
Buffers are required in the following locations:
(a)
Along all lots and streets separating residential
and industrial uses from arterial and collector streets;
(b)
Separating all nonresidential uses from residential
uses or zoning districts;
(c)
On reverse-frontage lots, adjacent to the higher-classified
street right-of-way; and
(d)
Along all state highways and railroad rights-of-way.
(2)
Screens are required in the following locations:
(a)
Along all street lines where loading and storage
areas can be seen from the street;
(b)
Along all nonaccessible sides of trash enclosures,
equipment or storage buildings and yard and utility boxes;
(c)
Along the entire perimeter of stormwater management
basins; and
(d)
Around the perimeter of all parking lots or
other similar vehicle use areas (i.e., service stations and bank/fast-food
drive-through lanes).
(3)
Width of buffers and screens.
(a)
Where a nonresidential district or use is proposed
to be developed contiguous to a residential district or use, the nonresidential
user shall provide a planted buffer 75 feet in width within the nonresidential
district.
(b)
Where an industrial or manufacturing district
or use is contiguous to an office or commercial district or use, a
buffer 25 feet in width shall be located within the district where
the development is taking place.
(c)
Where a residential district or use is proposed
to be developed contiguous to a commercial or office district or use,
a twenty-five-foot buffer shall be provided within the residential
district.
(d)
Where a residential district or use is proposed
to be developed contiguous to an industrial district or use, a fifty-foot
buffer shall be provided within the residential district.
(e)
Where a residential district or use is proposed
to be developed contiguous to a manufacturing district or use, a buffer
75 feet in width shall be provided within the residential district.
(f)
Where a residential district or use, other than
single-family or two-family residential, is proposed to be developed
contiguous to a residential district or use, a fifteen-foot buffer
shall be provided.
(g)
Where a single-family or two-family residential
use is proposed to be developed contiguous to a non-single-family
residential district or use, a fifteen-foot buffer shall be provided
in the district where the development is taking place.
(h)
Where a single-family residential use is proposed
to be developed contiguous to another single-family residential district
or use, no buffer is required.
(i)
If a road should separate two districts or uses,
a buffer 15 feet in width shall be provided within the district where
the development is taking place.
(4)
Buffer and screen widths shall be measured horizontally.
If a reduction in buffer width is granted by the approving authority,
then the minimum shrub planting requirements shall be doubled.
(5)
Buffer and screen widths shall be in addition to the
normal depth and/or width of the lot required in a residential district.
The area included in the buffer or screen strip shall not be included
in calculating the minimum lot area as required by the specific residential
district in which the lot is located. This strip shall be part of
the development and shall be designated on the plan: “This strip
is reserved for buffering and/or screening. The placement of any structure
hereon is prohibited.”
C.
General buffer and screen composition and planting
standards.
(1)
Buffer may be comprised of existing vegetation and
natural features, proposed new or transplanted vegetation, fences,
walls and/or berms. When berms are included in a buffer, a curvilinear
or naturalistic arrangement is encouraged. Existing vegetation and
natural features may be used as a buffer or screen only at the discretion
of the Board, and only if such features meet the intent of this section.
(2)
No structure, activity, storage of materials or parking
of vehicles shall be permitted within a buffer or screen area.
(3)
The location and design of buffers and screens shall
consider the use being screened, the distance between the use and
the property line, differences in elevations, the types of buffers
or screens and other combinations of man-made and natural features.
The buffer or screen shall be designed, planted, graded, landscaped
and developed with the general guidelines that the closer a use or
activity is to the property line, or the more intense the use, the
more effective the buffer or screen must be in obscuring light and
vision, and reducing noise beyond the lot.
(4)
The following methods shall be used for the purpose
of calculating the amount of plant material required within a buffer
or screen.
(a)
A buffer length shall be measured at the property
line or right-of-way line and shall include all existing or proposed
driveway openings or easements.
(b)
Where buffer areas overlap, as in the case of
side and rear tract boundaries, only the more stringent buffer shall
apply in the area of overlap. However, care shall be taken to avoid
unplanted gaps in what would be the area of overlap.
(c)
The length of the perimeter of stormwater management
basins shall be measured along the center of the basin’s rim.
(5)
All buffer and/or screen plantings along state highways
shall require a berm as an integral part of the landscaping.
(6)
All plantings shall conform to the size and standards prescribed in § 203-68E(3).
(7)
At least 50% of all shade trees and 25% of all shrubs
shall be native to the region.
(8)
At least 50% of the shrubs shall be evergreen.
(9)
Up to 50% of the required shade trees may be substituted
with ornamental trees at a ratio of two ornamental trees for each
shade tree.
(10)
Up to 50% of the required shrubs may be substituted
with ornamental grasses, which will attain a minimum height of three
feet.
(11)
A minimum of 50% of the required buffer width
must contain required plantings.
(12)
Plants shall be distributed throughout the entire
length of buffers and screens, but need not be evenly spaced. However,
there shall be no more than 100 feet between shade trees, 50 feet
between evergreen trees, and 50 feet between shrub clusters.
(13)
Buffer and screen plantings shall be broken
at points of vehicular and pedestrian access, outside of clear sight
triangles.
(14)
The remainder of the buffer area shall be planted
with ground covers, including lawn grasses or meadow plantings, as
appropriate to the character of the site and adjacent lands.
D.
Specific buffer and screen requirements.
(1)
Buffers shall contain the following type and quantity
of plant material per 100 feet of buffer length and achieve 80% opacity
after five years' growth.
(2)
Screens shall contain the following type and quantity
of plant material:
(a)
Loading/storage areas and trash enclosures shall
be screened using evergreen trees and shrubs that will achieve 100%
opacity after three years growth.
[1]
If a decorative wall or solid fence is proposed,
then a low screen may be used consisting of, at a minimum, evergreen
and/or deciduous shrubs a minimum of three feet in height at time
of planting.
[2]
If no wall or fence is proposed and vegetation
will act as the only screen, then a high screen consisting of large
evergreen shrubs, spaced no more than four feet on center or as needed
to form a continuous screen of eight feet in height after five years’
growth, or evergreen trees spaced 12 feet on center, with evergreen
shrubs placed between the evergreen trees, shall be planted.
(b)
Stormwater management basins shall be screened
based on the following quantities of plant material and shall achieve
50% opacity after five years’ growth.
[1]
One shade tree, plus two evergreen trees, plus
10 shrubs, plus either 20 groundcover shrubs or 300 herbaceous groundcover
plants or bulbs per 100 feet of basin perimeter length.
[2]
Up to 50% of the groundcover shrubs may be substituted
with perennials at a rate of two perennials per groundcover shrub.
[3]
Basin headwall and other structures shall be
screened with required plantings; however, plantings shall not impede
the basin’s function.
(c)
Parking lots/vehicle use areas shall be screened
based on the following quantities of plant material and shall achieve
50% opacity after five years’ growth.
[1]
A low screen comprised of evergreen and/or dense
deciduous shrubs, capable of obscuring the glare of automobile headlights,
shall be evenly spaced to form a contiguous screen or hedge throughout
the year and shall be a minimum height of three feet at time of planting.
(3)
If a use is not listed, the screen most suited to
the use shall be used.
A.
General regulations.
(1)
No fences shall be erected within the municipality
without the owner of the premises or his representative, authorized
in writing to make such application, first obtaining a zoning permit
from the Zoning Officer.
(2)
Application for such fences shall be made in writing
to the Zoning Officer and shall set forth the following information:
(a)
The owner and address of the premises where
the fence is to be erected.
(b)
A description and specifications of the fence,
including size, height, dimensions, material and size and percentage
of openings.
(c)
A sketch or plan of the fence.
(d)
A certified plot plan or survey of the premises
in question, which shall show streets abutting and at the nearest
intersection and shall approximately indicate the location of structures
within 10 feet of the fence.
(4)
Any existing deed restrictions are not be superseded
by this section.
(5)
Fences accessory to farm operations are exempt from
the requirements of this section with respect to permit, fee, construction
or materials. This exemption shall not extend to that percentage of
farm property set aside for residential purposes as delineated upon
the property record cards of the Township.
B.
Regulations for residential lots. Fences on residential
lots may be erected as hereinafter set forth:
(1)
Fences shall be no closer than one foot to the Township
road, street and/or right-of-way.
(2)
Fences not exceeding 48 inches in height above ground
level may be erected between the building line and the road, street
and/or right-of-way.
(3)
Fences not exceeding six feet in height above the
ground level may be erected between the front building line to the
side property lines and to the rear of the property.
(4)
Front fences on corner properties shall not be constructed
of materials that would block the view of vehicular traffic at the
intersection.
(5)
Fences must be maintained by the owner and kept in
alignment and shall be maintained in a safe, sound and upright condition
and in accordance with the approved plan on file with the Construction
Official.
(6)
In all cases where fencing is erected along or adjacent
to a front property line or between such a front property line and
the actual building line, or both, or along or adjacent to any property
line bordering on any street and the actual building line with respect
to such street, or both, said fencing shall not exceed a height of
four feet. Along other locations, the height limit is six feet. The
maximum height shall be measured from the natural grade of the land.
[Amended 6-6-2005 by Ord. No. 2005-16]
(7)
No fence, wall or hedge shall contain spikes, sharp objects, barbed wire, razor-ribbon or any other similarly dangerous material which may be hazardous to persons or animals except as described below in Subsection B(8).
[Amended 6-6-2005 by Ord. No. 2005-16]
(8)
The following fences and walls and construction materials related thereto are specifically prohibited in all districts in the Township of Woolwich: barbed wire, canvas, cloth, expandable and collapsible fences and slat fences of any type. The ban on barbed wire shall not apply to fences or walls located on and necessary to the operation of a livestock farm which is in excess of five acres, or to barbed wire strands placed atop a security fence or wall constructed between six feet and eight feet in height around a conforming commercial or industrial use, provided that the fence or wall conforms to all other conditions as described below in Subsection C(3), and that no barbed wire be permitted in the front yard of nonfarm uses.
[Added 6-6-2005 by Ord. No. 2005-16]
(9)
All fences must be installed with the side where the
supporting posts or poles are most visible facing the inside or towards
the lot the fence is erected on. The side where the supporting posts
or poles is least visible and is the most finished must face the outside
or adjoining lots or the public right-of-way.
[Added 6-6-2005 by Ord. No. 2005-16]
(10)
All fences must be erected within the property
line, and no fence is to be erected so as to encroach upon the public
or private right-of-way, easements, restrictions or declarations and
covenants without the request and issuance of an "encroachment permit."
[Added 6-6-2005 by Ord. No. 2005-16;
amended 4-17-2006 by Ord. No. 2006-10; 7-15-2019 by Ord. No. 2019-10]
C.
Regulations for nonresidential lots.
(1)
Fences shall be no closer than one foot to a Township
road, street and/or right-of-way.
(2)
Fences shall not be less than four feet in height.
(3)
Barbed wire fences are prohibited in all commercial
areas except as indicated below:
[Added 6-6-2005 by Ord. No. 2005-16]
(a)
The fences are needed to prevent entry into
a hazardous area.
(b)
The fences are needed to secure an area where
materials, equipment and/or machinery are stored.
(c)
In such other situations where the Zoning Officer
determines that there are reasons justifying the construction of barbed
wire fencing.
(d)
Where such fences are permitted, the fact that
they are barbed wire shall be clearly indicated on the fence at intervals
of not more than 75 feet.
D.
Encroachment
permits:
[Added 7-15-2019 by Ord. No. 2019-10]
(1)
Fences to be erected or replaced that are located in a public utility
easement require an encroachment permit from the Director of Municipal
Services.
(2)
A fence of permitted height and design may be constructed along or
upon common property lines and across any utility easement so as to
allow maximum use of the area to be enclosed. Fences placed on utility
easements shall provide access to manholes, utility boxes, cleanouts,
or other apparatus that may be used from time to time for maintenance
of the utility.
(3)
Fences in drainage easements shall require prior approval of the
Director of Municipal Services to allow for proper flow of water.
(a)
All fence posts within drainage easements shall be set in sand
or stone only (concrete or like materials shall be prohibited)
(b)
Fence panels shall have at minimum a two-inch space between
the ground and the lowest portion of the fence panel. Once installed
all fences within a drainage easement shall be inspected for compliance.
(c)
The required two-inch space between the fence panel and the
ground shall be maintained by the homeowner at his/her expense without
remuneration from the Township.
(4)
When a fence is being installed it may not be installed across or
on top of a utility box, manhole, or other public apparatus for maintaining
utilities.
(5)
When the positioning of a fence obstructs access to a utility box,
manhole, or other public apparatus for maintaining utilities, the
homeowner shall be required to remove such fence to allow access by
the Township at his/her sole expense without remuneration from the
Township.
(6)
The Township shall not issue an "encroachment permit" for any New
Jersey Board of Public Utilities Easement. Homeowners may contact
the New Jersey Board of Public Utilities for further assistance.
A.
All trash enclosures shall be located so as to be
hidden from passing motorists.
B.
All trash disposal units shall be enclosed by a decorative
fence or masonry wall a minimum height of six feet with either welded
steel panel or solid wooden gates.
C.
Where refuse disposal units are used in townhouse
or apartment dwellings, the following requirements shall apply:
[Amended 8-1-2005 by Ord. No. 2005-25; 12-5-2005 by Ord. No.
2005-39; 10-27-2008 by Ord. No. 2008-19]
A.
Intent. Protected farmland, open space and greenway
lands (referred to herein as "greenway lands") in all subdivisions
shall meet the standards below.
B.
Uses permitted on greenway lands. The following uses
are permitted on greenway land areas:
(1)
Conservation of open space in its natural state (for
example, woodland, fallow field, or managed meadow);
(2)
Agricultural and horticultural uses. Such uses may
include raising crops or livestock; wholesale nurseries; associated
buildings that are specifically needed to support an active, viable
agricultural or horticultural operation;
(3)
Pastureland for horses based on best management practices;
(4)
Forestry, in keeping with established best management
practices for selective harvesting and sustained yield forestry;
(5)
Neighborhood open spaces uses such as village greens,
commons, picnic areas, community gardens, trails, and similar low-impact
passive recreational uses, specifically excluding motorized off-road
vehicles, shooting ranges, and other uses similar in character and
potential impact as determined by the Joint Land Use Board;
(6)
If greenway land becomes a public park; active noncommercial
recreation areas, such as playing fields, playgrounds, courts, and
bikeways, provided such areas do not consume more than half of the
minimum required greenway land. Playing fields, playgrounds, and courts
shall also be permitted, and they shall generally be gravel-surfaced,
properly drained, and provide safe ingress and egress;
(7)
Water supply systems and stormwater detention areas
designed, landscaped, and available for use as an integral part of
the greenway;
(8)
Easements for drainage, access, sewer, or water lines,
or other public purposes; and
(9)
Underground utility rights-of-way. Aboveground utility
and street rights-of-way may traverse conservation areas but shall
not count toward the minimum required greenway land.
C.
Greenway design standards.
(1)
Greenway lands shall, whenever possible, be laid out
in general accordance with the Township's greenways system and farmland
preservation designed maps as included in the Woolwich Township Open
Space and Recreation Plan of 2004 to encourage the development of
an interconnected network of open space. The required greenway land
may consist of a mixture of primary conservation areas (SCAs), which
shall be included in the greenway lands to the greatest extent possible.
PCAs comprise floodplains, wetlands, and slopes over 10%. SCAs include
mapped areas showing high groundwater recharge (11 inches to 14 inches
per year), natural heritage priority areas, and critical habitat areas
as designed by the landscape project, as well as other scenic, natural
and historic features such as viewsheds, natural swales, and historic
structures that may be unmapped but should be incorporated into site
plans or subdivisions during the site visit.
(2)
In Option 1 subdivisions (as per §§ 203-40, 203-41, and 203-42), the greenway land comprises a minimum of 50% of the gross tract area. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization reorganized by the Township, or by a private individual (typically as part of the original farmhouse). These ownership options may be combined so that different parts of the greenway land may be owned by different entities.
D.
Other requirements.
(1)
No portion of any building lot may be used for meeting
the minimum required greenway land. Greenway land may be located so
as to meet any potential needs of the neighborhood. Active agricultural
land with farm buildings, excluding areas used for residences, may
be used to meet the minimum required greenway land.
(2)
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes in accordance with Subsection B(2) herein, shall be provided to public greenway land in accordance with the following requirements:
(a)
Each neighborhood shall provide one centrally
located access point per 15 lots, a minimum of 35 feet in width.
(b)
Access to greenway land for agriculture may
be appropriately restricted for public safety to prevent interference
with agricultural operations, provided that access for farming operations
is permitted.
(3)
All greenway land areas that are not public parks,
or being farmed, shall be left in a natural state. Greenway lands
that are left in a natural state, whether held as public or private
land, shall be exempt from the requirements of the Township Property
Maintenance Ordinance,[1] with the exception of a six-foot-wide buffer from roads,
sidewalks, and pathways.
E.
Permanent greenway protection through conservation
easements.
(1)
In Option 1 subdivisions (as per §§ 203-40, 203-41, and 203-42), all greenway land provided shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities. A list of permitted uses of greenway lands is contained in this section in Subsections B and C.
(2)
The Joint Land Use Board may require portions of fee
simple lots to be encumbered by conservation easements to protect
valuable or sensitive natural features or landscape features on such
lots.
F.
Ownership of greenway land and common facilities.
(1)
Development restrictions. All greenway land shall be permanently deed restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except for those uses listed in Subsection B.
(2)
Ownership options. The following methods may be used,
either individually or in combination, to own common facilities. Common
facilities shall not be transferred to another entity except for transfer
to another method of ownership permitted under this section, and then
only when there is no change in the common facilities or in the open
space ratio of the overall development. Ownership methods shall conform
to the following:
(b)
Condominium association. Common facilities may
be controlled through the use of condominium agreements. Such agreements
shall be in accordance with relevant state law. All open space and
common facilities shall be held as "common element."
(c)
Homeowners' association. Common facilities may
be held in common ownership by a homeowners' association, subject
to all of the provisions for homeowners' associations set forth in
state regulations and statutes. In addition, the following regulations
shall be met:
[1]
The applicant shall provide the Township a description
of the organization of the proposed association, including its bylaws,
and all documents governing ownership, maintenance, and use restrictions
or common facilities.
[2]
The proposed association shall be established
by the owner or applicant and shall be operating (with financial subsidization
by the owner or applicant, if necessary) before the sale of any dwelling
units in the development.
[3]
Membership in the association shall be automatic
(mandatory) for all purchasers of dwelling units therein and their
successors in title.
[4]
The association shall be responsible for maintenance
and insurance of common facilities.
[5]
The bylaws shall confer legal authority on the
association to place a lien on the real property of any member who
falls delinquent in his dues. Such dues shall be paid with the accrued
interest before the lien may be lifted.
[6]
Written notice of any proposed transfer of common
facilities by the association or the assumption of maintenance for
common facilities may be given to all members of the association and
to the Township no less than 30 days prior to such event.
[7]
The association shall have adequate staff to
administer, maintain, and operate such common facilities.
(d)
Private conservation organization or the county.
With permission of the Township, an owner may transfer either fee
simple title of the open space or easements on the open space to a
private nonprofit conservation organization or to the county, provided
that:
[1]
The conservation organization is acceptable
to the Township and is a bona fide conservation organization intended
to exist indefinitely;
[2]
The conveyance contains appropriate provisions
for proper reversion or transfer of ownership in the event that the
organization or Gloucester County becomes unwilling or unable to continue
carrying out its functions;
[3]
The greenway land is permanently restricted
from future development through a conservation easement and the Township
is given the ability to enforce these restrictions; and
[4]
A maintenance agreement acceptable to the Township
is established between the owner and the organization or Gloucester
County.
(e)
Non-common private ownership. At the discretion of the Joint Land Use Board, up to 100% of the required greenway land may be included within one or more large "conservancy lots" of at least 10 acres, provided the open space is permanently restricted from future development through a conservation easement, or farmland preservation except for those uses listed in Subsection B, and that the Township is given the ability to enforce these restrictions.
(3)
Dedication of easements to the Township. The Township
may, but shall not be required to, accept easements for public use
of any portion of the common land or facilities. In such cases, the
facility remains in the ownership of the condominium association,
homeowners' association, or private conservation organization while
the easements are held by the Township. In addition, the following
regulations shall apply:
(4)
Maintenance of greenway land and common facilities.
(a)
Unless otherwise agreed to by the Joint Land
Use Board, the cost and responsibility of maintaining common facilities
and greenway land shall be borne by the property owner, condominium
association, homeowners' association, or conservation organization.
(b)
The applicant shall, at the time of preliminary
plan submissions, provide a plan for maintenance of greenway lands
and operation of common facilities in accordance with the following
requirements:
[1]
The plan shall define ownership;
[2]
The plan shall establish necessary regular and
periodic operation and maintenance responsibilities for the various
kinds of open space (i.e., lawns, meadow, pasture, cropland, woodlands,
etc.).
[3]
The plan shall estimate staffing needs, insurance
requirements, and associated costs, and define the means for funding
the maintenance of the greenway land and operation of any common facilities
on an ongoing basis. Such funding plan shall include the means for
funding long-term capital improvements as well as regular yearly operating
and maintenance costs.
[4]
The applicant may be required to escrow sufficient
funds for the maintenance and operation costs of common facilities
for up to one year, at the discretion of the Township.
[5]
Any changes to the maintenance plan shall be
approved by the Joint Land Use Board.
(c)
In the event that the organization established
to maintain the greenway lands and the common facilities, or any successor
organization thereto, fails to maintain all or any portion thereof
in reasonable order and condition, the Township may assume responsibility
for maintenance, in which case any escrow funds may be forfeited and
any permits may be revoked or suspended.
(d)
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties as stated in Article XI, Remedies and Penalties, of this chapter. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township with the County Clerk or County Registrar.
A.
Cluster development shall be permitted as part of
any development within an RLM or RMD Zone, provided that the parcel
contains not less than 25 contiguous acres of land, that public water
and sewer are available and further subject to the criteria hereinafter
set forth. The term "cluster development" shall mean a development
of dwellings that allows for a grouping of the structures which reduces
the lot area and yard requirements and incorporates the remaining
areas as open space owned as an appurtenance to ownership of the dwellings.
[Amended 8-1-2005 by Ord. No. 2005-25]
C.
Maximum density. The density of the development may be increased by a factor of not more than 25% over the applicable limitations set forth in § 203-49 for such dwelling type and district. In the event public water and sewer are not available to the development, no such increase in density shall be permitted.
D.
Area and yard requirements.
(1)
Each lot shall meet the requirements set forth in § 203-49 for the respective district with the exception that:
(a)
The minimum lot area for an individual lot may be reduced by a factor of not more than 25% of the minimum lot area set forth in § 203-49 for such dwelling type and district.
(b)
The front yard requirements may be reduced to
10 feet where a dwelling unit fronts on a private street.
(c)
The frontage requirements of up to 25% of lots
for detached dwelling units or two-family dwelling units within a
cluster of said units may be reduced to a minimum of 20 feet.
(2)
Minimum yards for single-family attached dwellings
shall be measured from the front, side and rear of each building.
The total minimum distance between the buildings shall be the sum
of the two abutting yard areas. The minimum yards shall be 25 feet
for front yards on public streets and 15 feet for front yards on private
streets, 15 feet for side yards and 25 feet for rear yards.
(3)
No portion of any building shall be closer to any
portion of another building than the combined distances of the abutting
yard requirements for each building as set forth below:
(4)
Minimum parking setbacks shall be 35 feet from any
county right-of-way and 20 feet from any municipal right-of-way or
project entrance drive.
E.
Open space. Not less than 25% of the gross land area
of the development shall be deed-restricted from further residential
development set aside as open space. Not more than 50% of such open
space may be designated as wetlands as designated by the United States
Fish and Wildlife Service. For the purposes of this section, no drainage
structure, drainage basin or utility right-of-way shall be considered
open space. The open space shall be contiguous and to the greatest
extent possible centrally located to the residential uses. A minimum
of 200 contiguous feet of the open space shall front on a municipal
right-of-way, project entrance or internal collector street. An open
space organization shall be created pursuant to N.J.S.A. 40:55D-43
et seq., unless the open space is dedicated to and accepted by the
Township Committee or other qualified agency.
[Added 4-5-1993 by Ord. No. 93-3]
A.
An applicant who has received final approval of a
major subdivision of 10 or more lots may apply for permits to construct
model homes or sales offices. These model homes or sales offices shall
be for the purposes of marketing and may not be sold for residential
purposes until all other lots in the subdivision have been purchased
by perspective homeowners. In accordance with N.J.S.A. 40:55D-66,
model homes or sales offices shall not be considered a business use
during the period necessary for the sale of new homes within the subdivision.
Model homes or sales offices and homes constructed for speculative
purposes ("spec homes") shall be permitted, provided that the requirements
and conditions as noted herein are satisfied prior to issuance of
a zoning permit and/or construction permit.
B.
The following conditions shall apply to model homes
or sales offices and spec homes, as noted herein:
(1)
Model homes or sales offices shall meet all zoning
requirements which apply to the particular dwelling type and to the
respective zoning district in which the subdivision is located.
(2)
There shall be a maximum of one model home or sales
office or one spec home for every five lots in the subdivision.
(3)
Model homes or sales offices shall only be utilized
a maximum of two years from the date the zoning permit is issued,
unless extended by the Planning Board.
(4)
Frontage on an existing public street shall be improved
to Township standards, or if it is a newly constructed street within
the subdivision, such street shall be improved with an all-weather
bituminous concrete surface meeting Township specifications.[1]
(5)
Fencing and/or supplemental landscaping may be required
for any lot utilized for model home or sales office purposes.
C.
A site plan which includes the following information
for each lot proposed for a model home or sales office shall be reviewed
and approved prior to issuance of either a zoning permit and/or a
construction permit:
(1)
Grading plan.
(2)
Landscaping and signage plan.
(3)
Floor plan and building elevations.
(4)
Parking plan.
(5)
Utilities plan indicating methods of water supply,
sewage disposal and lighting.
(6)
The architectural style and type of dwelling, i.e.,
single-family detached, patio, townhouse, etc.
(7)
A schedule indicating the length of time the model
home or sales office will be displayed for marketing purposes and
the estimated dates they will be offered for sale.
D.
Sales offices may be located in a trailer for a major
subdivision for limited use in all zones, provided that the preceding
and the following conditions are met: A premanufactured office type
model trailer may be permitted upon review and approval by the Zoning
Officer for a period not to exceed two years unless renewed by the
Planning Board. Permits for such trailers shall be issued by the Zoning
Officer upon payment of the permit fee.
E.
Construction trailers for use by general contractors
and/or subcontractors may be used on residential major subdivisions
and commercial/industrial subdivisions, provided that the following
conditions are met: A permit may be issued by the Construction Code
Official, provided that a site plan showing the location of the proposed
trailer has been approved by the Construction Code Official. Such
structures will be permitted only if they pose no threat to health
or safety; and provided, further, that the landowner agrees to remove
and to restore the land to its original condition following completion
of construction or at such time as may be determined by the Planning
Board. Payment of the required permit fee shall be required prior
to issuance of the permit.
[Added 4-5-1993 by Ord. No 93-3]
When fire or natural disaster has rendered a
single-family residence unfit for human habitation, the temporary
use of a mobile home located on the single-family lot during the rehabilitation
of the original residence or construction of a new replacement residence
is permitted subject to the following additional regulations:
A.
Required potable water and sanitary sewer facilities
shall be provided.
B.
Maximum length of permit shall be six months. The
permit may be renewed for a period not to exceed 60 days in the event
of circumstances beyond the control of the owner. Applications for
the extension shall be made to the Planning Board at least 15 days
prior to the expiration of the original permit.
C.
The mobile home shall be removed from the property
within 48 hours of the issuance of a certificate of occupancy for
any rehabilitated or new replacement residence.
[Amended 3-15-1999 by Ord. No. 99-6]
[Added 9-9-1993 by Ord. No. 93-7]
The addition of a residential accessory use
and/or enlargement of a residential structure within the SOC, HC and
LIO Districts shall be permitted subject to the following special
conditions:
[Added 4-20-2009 by Ord. No. 2009-04]
A.
Introduction. This purpose of this section is to provide guidance
with clarifying zoning and building permit requirements for an in-law
suite in a home.
B.
DWELLING UNIT
FAMILY/FAMILY MEMBER
Definitions. The following adopted definitions are relevant, in addition to the definitions sections under § 203-5 of the Woolwich Township Code, in determining what type of additions or remodeling may be authorized regarding "in-law suites":
One or more rooms designed for the occupancy, cooking, and
sleeping of one or more persons living as a family.
An individual, or two or more persons related by blood, marriage,
adoption or guardianship, occupying a single dwelling unit. The term
"family/family member" does not include any organization or institutional
group.
C.
Zoning requirements. Based upon the above definitions and the Township's
overall Master Plan, this section does not allow dwelling unit or
apartment as an authorized use in single-family zoning districts (R-1,
R-2, R-3, 5A Five Acre Residential, PUD and all other approved residential
zones). However, there is no prohibition in the construction of an
in-law suite, provided that the following requirements are met:
(1)
Only family members shall reside in the in-law suite, and said
family member must be allowed unrestricted access to the common areas
of the dwelling unit (e.g., the kitchen, bathroom, living room, etc.)
(2)
The in-law suite shall not have separate gas and electric utilities
(more than one meter per utility would constitute a separate dwelling
unit and is prohibited).
(3)
The in-law suite shall not be located in an accessory building
(this would constitute a separate dwelling unit) such as a unit over
a garage.
(4)
The in-law suite shall be connected to the main heated living
area of the dwelling (the suite shall not be connected to the building
by a breezeway, as this would constitute a separate dwelling unit).
(5)
The in-law suite shall have principal means of access to the
outside of the dwelling unit via the dwelling unit's main exterior
doorways (single access to the outside to the "suite" would constitute
a separate dwelling unit).
(6)
The in-law suite may have a kitchen and bathroom as well as
a bedroom.
D.
Appeals. Appeals from this section or their interpretation are decided
by the Joint Land Use Board in accordance with the "appeal of Zoning
Officer determination" process. The appellant should contact the Land
Use Department or the Zoning Officer in order to obtain additional
information regarding the appeals process.
E.
Additional building permit application requirements. All permit applications
shall be accompanied by the following additional information:
(1)
Construction documents, including a floor plan acceptable to the Construction Code Official, indicating the use of each room, doorway locations and demonstrating compliance with Subsection C of this section;
(2)
A signed and notarized affidavit from the property owner stating
who will reside in the in-law suite and acknowledging that the in-law
suite is prohibited from use as an apartment (change in owner or occupant
requires a new affidavit);
(3)
A building addition location plan (if adding to the home);
(4)
Any deviation from this section requires Joint Land Use Board
Approval;
(5)
Nothing in this section is intended to supersede "the right
to farm" for temporary living for migrant workers.
F.
Purpose. It is the express purpose of this section to provide an
economically feasible alternative to nursing home and boardinghome
care so that immediate elderly family members (55 years of age or
older), or disabled family members over the age of 18, can live with
family members while maintaining some degree of overall independence.
Additionally, this section attempts to halt the proliferation of unauthorized
conversions of single-family dwelling units into two/multiple dwelling
units in a single-family zone and/or unauthorized rental units.
[Added 4-16-2012 by Ord. No. 2012-12]
A.
PERSONAL PROPERTY
PORTABLE STORAGE UNIT/POD
PUBLIC AREA
TEMPORARY
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any movable item or thing that is subject to ownership.
Any container designed for the storage of personal property
that is typically rented to owners or occupants of property for their
temporary use and which is customarily delivered and removed by truck.
Includes any street, sidewalk, highway, public lane, alley,
right-of-way, easement, Township parking lot or other public place
in the Township.
Having a limited duration or use; not of permanent nature.
B.
Permit required (multifamily dwellings, detached single-family residential
and nonresidential). No person shall place or utilize a portable storage
unit/pod or permit a portable storage unit/pod to be placed upon a
property which a person owns, rents, occupies or controls without
first having obtained a permit from the Township Zoning Officer. Any
placement of a portable storage unit/pod on public area shall first
have written approval from the Township Police Department and an approved
permit from the Zoning Officer. The placement of said portable storage
unit/pod must be temporary; any permanent storage unit must comply
with the appropriate accessory use controls contained in the applicable
zoning district as per the Woolwich Township Code.
C.
Application for permit; fees; conditions of issuance.
(1)
Application for a portable storage unit/pod shall be made by
submission of the following information to the Township Zoning Officer;
(a)
Name and address of the applicant and the owner of the property,
if different.
(b)
Street address where the portable storage unit/pod will be placed.
(c)
Size of the portable storage unit/pod and the proposed location
of the unit.
(d)
Anticipated length of time the portable storage unit/pod will
be located on site.
(e)
A sketch plot or plan of survey shall be provided to the Zoning
Officer designating the specific area where the portable storage unit/pod
shall be located.
(2)
The application fee and any renewal fee are $30 each, payable
at the time of application.
(3)
A multifamily dwelling unit permit shall be valid for a period
of three calendar days.
(4)
A detached single-family residential permit shall be valid for
a period of 14 calendar days and may be renewed upon application to
the Zoning Officer for an additional 14 days, not to exceed a total
period of 28 days. Application for renewal shall be made prior to
the expiration of the existing permit. Renewal shall be at the discretion
of the Code Enforcement Officer.
(5)
A nonresidential permit shall be valid for a period of 30 calendar
days and may be renewed upon application to the Zoning Officer for
an additional 30 calendar days, not to exceed 60 calendar days. Application
for renewal shall be made prior to the expiration of the existing
permit. Renewal shall be at the discretion of the Code Enforcement
Officer.
(6)
A permit may be revoked at any time during its term if the placement
or use of the portable storage unit/pod constitutes a hazard to the
health, safety or welfare of the citizens of the Township or for any
other reason that constitutes a nuisance.
(7)
No permit shall be issued if the Police Department determines
that the issuance of a permit will constitute a danger to public safety
or an unwarranted interference with the efficient movement of traffic.
(8)
Renewal shall not be unreasonably withheld by the Code Enforcement
Officer, and discretion may be utilized during instances of true personal
emergencies and/or acts of God.
(9)
Only one permit per property, including all renewals of said
permit, shall be granted during a twelve-month period.
D.
Location, placement and condition of portable storage units/pods
in residential districts.
(1)
Portable storage units/pods may be located in any detached single-family
residential zoning district. Except as provided herein, they shall
not be placed in a public area.
(2)
Unit location must be immediately adjacent to or in the property
driveway at the furthest accessible point from the street. Final placement
shall be to the satisfaction of the Zoning Officer, taking in consideration
of existing setbacks, site lines, slope of the land, aesthetics, other
structures, safety issues and the like.
(3)
Only one portable storage unit/pod may be placed on a single-family
residential property at one time.
(4)
No portable storage unit/pod located at a single-family residential
property shall be used for the storage of construction debris, business
inventory, commercial goods or goods for property other than the residential
property where the unit is located. No material of any kind may be
placed or stored outside the unit at any time. Upon reasonable notice
to the applicant, the Township may inspect the contents of any portable
storage unit/pod for compliance with this chapter.
E.
Location, placement and conditions of portable storage units/pods
in nonresidential districts.
(1)
Portable storage units/pods may be placed in nonresidential
zoning districts only at a designated location as approved by the
Township Zoning Officer. The allowable number of units shall be determined
by the Zoning Officer pending site characteristics, lot area and location
of unit/units.
(2)
Applicants for portable storage units in nonresidential zoning
districts must demonstrate to the satisfaction of the Zoning Officer
that the specific location/complex has sufficient space to place a
unit or units and continue to provide adequate parking and public
safety access and to comply with all health, safety and welfare concerns.
(3)
The unit/units shall be placed only in the rear or side portion
of the site. Under no circumstances shall a unit be placed in an area
fronting a street or road or in a grass/landscaped area or in the
front parking lot of a commercial establishment. The placement of
portable storage units/pods in fire lanes, passenger loading zones,
commercial loading zones or public rights-of-way shall be strictly
prohibited. Units shall not impede the flow of vehicle or pedestrian
traffic on said property and shall not interfere with the ingress
to and egress from said property. Final placement shall be to the
satisfaction of the Zoning Officer.
(4)
No portable storage unit/pod shall be used for the storage of
construction debris or any goods or materials other than that of the
commercial or industrial business where the unit is located. The items
contained in the temporary portable storage pod shall be, including
but not limited to: consistent with the products sold on site, seasonally
appropriate merchandise, holiday goods, or goods that have become
replaced inside the business for marketing purposes. Upon reasonable
notice to the applicant, the Township may inspect the contents of
any portable storage unit or pod for compliance with this chapter.
(5)
A separate permit is required for each portable storage unit/pod
on a nonresidential property.
F.
General restrictions.
(1)
No portable storage unit/pod shall exceed 20 feet in length.
(2)
Portable storage units shall never be utilized as accessory structures in any zone, as they are intended to be temporary rentals. Any storage pods that are owned by the property owner and/or contemplated to be on site for more than the time frames specifically permitted in Subsection C(3), (4) or (5), as outlined above, shall comply with the appropriate accessory use controls contained in the applicable zoning district as per the Woolwich Township Code.
(3)
No hazardous material or organic waste shall be placed in a
portable storage unit/pod.
(4)
It shall be the responsibility of the applicant to ensure that
the portable storage unit/pod is maintained in a good condition, free
from evidence of deterioration, weathering, discoloration, rust, ripping,
tearing or other holes or breaks.
(5)
Portable storage units/pods shall have no signage other than
a serial number identifying the unit and the name, address and telephone
number of the person or firm engaged in the business of renting or
otherwise placing the portable storage unit/pod.
(6)
Any deviation from these statutory restrictions regarding time/duration,
location, and size of said portable storage pods shall require a bulk
variance from the Township's Joint Land Use Board.
G.
Enforcement; violations and penalties.
(1)
It shall be the responsibility of the Code Enforcement Officer
and/or the Police Department and/or the Director of Public Works and/or
the Township Construction Official and their designated agents to
enforce all provisions of this chapter.
(2)
Any person who violates any of the provisions of this chapter
shall be subject to the removal of the portable storage unit/pod at
the expense of the applicant. Each day a portable storage unit/pod
is placed or utilized in violation of the terms of this chapter shall
constitute a separate offense. Each offense hereunder is punishable
by a fine of not more than $100 per day.
H.
Inconsistency. All ordinances or parts of ordinances that are inconsistent
with the terms of this section be and the same are hereby repealed
to the extent of their inconsistency.
I.
Effective date. This section shall take effect immediately upon proper
passage, publication in accordance with law and after final adoption
as provided by law.
[Added 9-19-2016 by Ord.
No. 2016-15]
A.
In those districts in which breweries, distilleries, and wineries
may be permitted as a conditional use, the following conditions shall
apply:
(1)
Breweries, distilleries and wineries may only be permitted on
a qualified farm.
(3)
Local base.
(a)
The predominant crops grown on the premises shall be used in
the production of alcohol for the brewery, distillery, and/or winery.
(b)
A brewery, distillery, or winery must accomplish at least two
of the following four activities on site: crushing, fermentation/extraction,
bulk aging/storage, and bottling.
(4)
Operations of establishment.
(a)
No brewery, distillery, or winery shall exceed 10,000 square
feet of building area.
(b)
No brewery, distillery, or winery shall produce more than 15,000
cases per year.
(c)
Retail sales floor shall not exceed 15% of the gross floor area
of the structure.
(d)
Retail sales of alcoholic beverages shall be limited to alcoholic
beverages manufactured on-site in accordance with above.
(e)
No special occasion events shall be permitted without a special
events permit.
(5)
Minimum lot areas and bulk standards.
(a)
All breweries, distilleries, and wineries shall conform to the
minimum lot area and other bulk standards of the zoning district in
which they are located.
(6)
Landscaping:
(b)
Breweries, distilleries, and wineries adjacent to residential uses and public or private open spaces shall be screened by twenty-five-foot-wide evergreen screening buffer in accordance with §§ 203-68 and 203-69, not less than six feet in height and which shall be maintained in a safe and sightly condition.
(7)
Parking.
(a)
The establishment shall comply with all applicable provisions of § 203-81 (Off-street parking schedule). For the purposes of calculating parking, the brewing, distilling and fermenting areas shall be considered industrial manufacturing, the tasting rooms shall be considered restaurant, sales areas shall be considered retail, and the cold and warm storage shall be considered warehousing.
