These regulations shall be applicable to the
use of all lands in the Township of Elk and any structures thereon.
A.
The provisions of this article shall be held to be
the minimum requirements (or the maximum, when so specified). Where
this article imposes a greater restriction than is imposed and required
by other provisions of law or by other rules, regulations or resolutions,
the provisions of this article shall control. Where other laws, rules,
regulations or resolutions require greater restrictions than are imposed
by this article, the provisions of such laws, rules, regulations or
resolutions shall control.
B.
The standards established by this article shall be
applied uniformly within each zoning district to each class or kind
of structure or land. Only uses which are specifically provided for
by the regulations of any district shall be permitted in that district
unless authorized by the Combined Board pursuant to this article.
C.
Upon the effective date of this article, no building
shall hereafter be used, erected, altered, converted, enlarged, added
to, moved or reduced, nor shall any lands be subdivided, developed,
or redeveloped in any manner except in conformity with the standards
provided herein, as applied to the zoning district in which the building
or land is located.
D.
Upon the effective date of this article, all buildings
and land, which are not in full conformity with the standards provided
herein, as applied to the zoning district in which the building or
land is located, shall be deemed to be nonconforming and shall be
subject to the provisions of this article.
E.
The following uses shall be permitted in all residential
districts:
(1)
Community residences for the developmentally disabled,
community shelters for victims of domestic violence, community residences
for the terminally ill and community residences for persons with head
injuries shall be a permitted use in all residential districts of
a municipality, and the requirements therefor shall be the same as
for single-family dwelling units located within such districts. "Community
residence for the terminally ill" means any community residential
facility operated as a hospice program providing food, shelter, personal
guidance and health-care services, under such supervision as required,
to not more than 15 terminally ill persons.
(2)
Family day-care homes.
(a)
Family day-care homes as defined in N.J.S.A.
40:55D-66.5 and they are to be licensed or registered to the extent
required by the laws and regulations of the State of New Jersey.
(b)
The standards for said homes shall be the same
as for single-family dwelling units located in the same district,
in accordance with the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-66.5b, as amended.
(c)
Family day-care homes are to be considered as
home occupations, and as such, shall not be subject to more stringent
restrictions than exist or apply to all other home occupations in
the particular residential district in which the family day-care home
is located.
F.
Child-care centers for which a license is required
from the New Jersey Department of Human Services pursuant to P.L.
1983, c. 492 (N.J.S.A. 30:5B-1 et seq.) shall be a permitted use in
all nonresidential districts.
(1)
The floor area in any building or structure used for
child-care purposes shall be excluded in calculating any parking requirement.
(2)
The floor area in any building or structure used for
child-care purposes shall be excluded in calculating the permitted
density allowable for that building.
(3)
Notwithstanding the above statements, the development
of a child-care facility in an existing structure or in a stand-alone
facility shall require site plan review and will be subject to the
standards of the district in which it is located. Parking requirements
shall be based on evaluating the following factors: the maximum number
of children for which the site is licensed, the number of employees
present during the maximum shift, and the operational plan for the
drop-off and pick-up of children during the school day.
G.
Protected uses. Any residential use in a C-1 to C-2
Zone that was conforming at the time of its construction shall remain
a conforming use subject to the regulations of the closest residential
zone.
[Added 5-5-2005 by Ord. No. O-2005-2]
H.
Except for corner lots, whenever there exists a conforming
lot with a dwelling unit, where said lot has frontage on two rights-of-way,
only the yard abutting the front facade of the dwelling unit shall
be considered the front yard. The yard abutting the second street
shall be considered a rear yard. The other two yards shall be considered
side yards. Lots that have frontage along three rights-of-way shall
be considered corner lots, and the yards abutting the front facade
of the dwelling unit and the intersecting street shall be considered
front yards. The yard abutting the third street shall be considered
a rear yard. The remaining yard shall be considered a side yard.
[Added 5-5-2005 by Ord. No. O-2005-2]
I.
Any residential structure in the MD Zone that was
conforming at the time of its construction shall be permitted to construct
any exterior improvement to the principal building which does not
increase the interior living space of the structure, without need
to obtain a bulk variance pursuant to the provisions of N.J.S.A. 40:55D-70(c),
provided that the improvement will not encroach upon the minimum required
yard setbacks. This provision of the chapter is intended to specifically
permit the installation of exterior stairs, handicap ramps, fireplace
overhangs without foundation, bay windows, gutters, eaves, and decks
upon structures which were erected legally prior to the passage of
this chapter and are now nonconforming.
J.
The minimum acreage of uplands shall not apply to
a lot or lots for detached one- or two-dwelling unit buildings which
lot or lots are either isolated undersized lots or lots resulting
from a minor subdivision.
K.
Every principal building shall be built upon a lot
with frontage upon a public street which has been improved in accordance
with the Township standards or for which such improvement has been
ensured by the posting of a performance guaranty pursuant to this
chapter.
L.
Principal uses on one lot.
[Amended 4-1-2010 by Ord. No. O-2010-8]
(1)
No
lot in any residential district shall have erected upon it more than
one principal residential building.
(2)
In
a zone that permits both residential and commercial development, only
one residential or commercial use may be permitted on one lot (except
for permitted home occupations).
(3)
More
than one nonresidential use may be permitted on a single lot or tract
if the uses are planned and designed in a coordinated manner with
shared access, shared parking, a unified architectural theme and consistent
with the zoning requirements, and if the entire tract is under common
ownership.
(4)
The
addition of a second permitted nonresidential use to an existing nonresidential
site, which was not previously designed for more than one use, requires
site plan approval.
M.
Grading plan.
[Added 11-2-2006 by Ord. No. O-2006-8]
(1)
Review and approval of grading plan required. A building
permit shall not be issued until a grading plan has been reviewed
and approved by the Township Engineer in accordance with the provisions
of this subsection. Expressly excluded from the requirements set forth
herein is for any building, accessory structure and/or addition to
existing building or structure located on any farm that satisfies
the eligibility criteria for differential property taxation pursuant
to the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq. Prior to
the issuance of a building permit, the Township Engineer will issue
a written opinion to the Township Committee indicating that the proposed
farm building, accessory structure and/or addition to existing building
or structures does not encroach upon any existing setback requirements
and/or is not detrimental to the public welfare. The applicant shall
pay an escrow fee of $250 for the engineer's review and inspection
for the initial site inspection. The fee for the initial review and
inspection shall not exceed $250 to the applicant, unless subsequent
site inspections are required.
[Amended 10-2-2008 by Ord. No O-2008-9]
(2)
Applicability. The requirements set forth herein shall
apply for the improvement or development of all lots within the Township
of Elk which creates an impervious surface in excess of 600 square
feet, whether for residential or commercial purposes, and/or when
there is an application for development before a development review
board of the Township. Expressly excluded from the requirements set
forth herein is the construction of proposed additions, and/or buildings,
or the installation of any improvement or object creating an impervious
surface having at grade or floor level a total of 600 square feet
or less. Grading plans shall not be required when an owner or developer
is replacing a preexisting and conforming improvement or structure
having an impervious surface.
[Amended 5-3-2012 by Ord. No. O-5-2012]
(3)
Grading plan requirements. The owner or developer
of a tract of land in the Township must provide three signed and sealed
copies of the grading plan for each lot proposed to be developed.
The grading plans shall contain all the information required below
in the grading plan checklist, which shall be made available to all
applicants in the form that follows. The owner or developer must submit
a completed grading plan checklist with the application for the development.
[Amended 5-3-2012 by Ord. No. O-5-2012]
(4)
Grading plan checklist. The following shall be the
grading plan checklist. The applicant must complete this checklist
and supply the required information.
|
Grading Plan Checklist
| |||
|---|---|---|---|
|
( )
|
1.
|
Title block indicating the address of the site,
lot and block numbers, name and address of the applicant. Individual
lot grading plans must be entitled "Individual Lot Grading Plan."
If grading information is incorporated into one of the sheets of a
subdivision or site plan, such sheet title must include the words
"grading plan." For purposes of the checklist, "grading plan" shall
refer to whichever of the aforesaid types of plans is submitted by
an applicant for grading approval.
| |
|
( )
|
2.
|
The grading plan must be signed and sealed (embossed)
by a New Jersey-licensed land surveyor (for existing conditions) and
a New Jersey professional engineer (for proposed conditions). The
plan must include the addresses of the persons who prepared the plan.
| |
|
( )
|
3.
|
The grading plan must be drawn legibly at a
scale of one inch equals 30 feet for parcels of less than one acre
or a scale of one inch equals 50 feet for developments of one acre
or more, indicate a North arrow, and refer to the NAVD 1988 datum
on which the plan is based.
| |
|
( )
|
4.
|
The grading plan must indicate all property
lines, easements and required setback lines. Copies of all existing
or proposed drainage easements must be filed with this checklist unless
already available to the Township as part of a pending development
application file. All property lines must indicate bearing and dimensions,
and the width of all easements must be shown on the plans.
| |
|
( )
|
5.
|
The distances between all existing and proposed
structures on the lot to be developed and adjoining property lines
must be indicated on the grading plan.
| |
|
( )
|
6.
|
The plan must indicate the right-of-way and
cartway widths of all adjoining streets as well as the location of
all existing and proposed curbs, sidewalks and driveway aprons along
the entire frontage of the subject property.
| |
|
( )
|
7.
|
The plan must indicate existing and proposed
contours at one-foot intervals over the entire lot area(s) to be disturbed
and 50 feet beyond the limit of grading. Spot elevations and inverts
should also be provided at all inlets, catch basins, outfalls, culverts,
and other hydraulic structures.
| |
|
( )
|
8.
|
The plan must indicate existing and proposed
spot elevations at all building and property corners.
| |
|
( )
|
9.
|
The grading plan must indicate existing topography
50 feet beyond all property lines of the lot to be developed and,
to the extent reasonably and legally ascertainable, spot elevations
for all adjacent building corners.
| |
|
( )
|
10.
|
The plan must also indicate the location and
dimensions of all structures and site improvements, including, but
not limited to, the following: buildings, sheds, decks, swimming pools,
fences, fence location, fence type, drainage facilities, and location
and information relating to any detention or retention facilities
relating to this paragraph.
| |
|
( )
|
11.
|
The plan must indicate all stream encroachment,
wetlands and wetland buffer lines and floodplains.
| |
|
( )
|
12.
|
Location of driveway with regard to the property
lines must be indicated on the plans.
| |
|
( )
|
13.
|
The grading of driveway for the first 40 feet
from the right-of-way must be shown.
| |
|
( )
|
14.
|
The type of materials proposed for construction
of driveway must be indicated.
| |
|
( )
|
15.
|
The grading plan must indicate all trees over
five inches caliper on the lot to be developed and in any existing
or proposed off-lot drainage areas, including type, condition, and
limit of clearing.
| |
|
( )
|
16.
|
The grading plan must indicate the foundation
top-of-block elevations for all proposed structures, and the floor
elevation at the face of any garage or other opening at grade, on
the lot to be developed. Spot elevations for all building corners
must be indicated. Spot elevations for all proposed top-of-curb, gutter
and road improvements must be indicated.
| |
|
( )
|
17.
|
For each lot where a basement is proposed, a
soil boring must be obtained and analyzed by a licensed New Jersey
Professional Engineer to determine the seasonal high water elevation
at each lot. After analyzing the borings, the engineer must prepare,
sign, and seal a report referring to each soil test boring and confirming
depth of the seasonal high water elevation at each lot where a basement
is proposed. The report must be filed with this checklist. The grading
plan must confirm that, based on the report, the lowest point of the
proposed basement at each lot will be no less than one foot above
the seasonal high water elevation at the lot. If no basements are
proposed, indicate "N/A."
| |
|
( )
|
18.
|
The plan must indicate the location of all proposed
utility services, septic systems, including vents and cleanouts.
| |
(5)
Grading standards. The grading plan must conform to
the following standards:
(a)
All grading shall be done in such a way as to
not result in any adverse effects to adjacent properties. The plan
shall not increase the amount of water which drains onto adjoining
lots. For properties where a drainage problem already exists, the
drainage plan shall reduce the impact on adjoining tracts to the greatest
extent possible by causing the surface water to drain to nearby streets,
into approved drainage facilities or into other accepted devices.
All lots shall be graded to direct surface water runoff away from
structures and toward the frontage road or other defined drainage
paths.
(b)
Lawn areas shall be sloped away from the buildings
and structures at a minimum of 5% for the first 10 feet from a foundation
wall. A minimum slope of 1% should be maintained in all other lawn
areas. A minimum slope of 2% shall be maintained for all swales. Swales
are normally placed at the edge of both lots so that water will flow
from the back of the house to the curb. Water also may be directed
to flow on neighboring lots where easements are applicable to the
curb or to the source where the water will be discharged.
(c)
All slopes shall be no greater than 3:1.
(d)
Driveway grades shall not exceed 10%.
(e)
No grading shall occur within five feet of a
property line unless necessary to direct drainage off the site and
into acceptable drainage facilities in accordance with these standards.
When an applicant proposes to grade over an adjoining property line,
written permission/agreement from the adjoining property owner must
be obtained and a waiver from the minimum requirements must be obtained
from the Township Engineer. Where an applicant proposes to grade over
an adjoining property line, written permission in the form of a written
agreement for easement shall be recorded in the Gloucester County
Clerk's Office, from the adjoining property or developer, and a copy
shall be filed with the Construction Office of the Township of Elk.
(6)
Municipal street access regulations.
(a)
No driveway shall be within 10 feet of any property
line unless such driveway is shared by an adjacent house.
(b)
No driveway shall be constructed in such a way
as to create a drainage problem on an adjacent property or onto the
Township road.
(c)
Driveways shall enter the street or road right-of-way
at an angle between 75º and 105º.
(d)
The portion of the driveway between the edge
of the existing road pavement of the Township street and the right-of-way
line will be paved by the landowner applicant with a minimum pavement
thickness of 2 1/2 inches of FABC-2 and six inches of quarry
blend. The Township Engineer shall have the discretion to permit an
equivalent alternative to the six inches of quarry blend.
(e)
Any curb opening shall be properly reconstructed
to the satisfaction of the Township Engineer. Where curbing does not
exist and conditions warrant, an adequate drainpipe shall be installed
by the owner at the owner's expense as determined by the Township
Engineer.
(f)
Driveways shall be constructed and maintained
in adequate condition to permit access by emergency vehicles.
(g)
All entrance and exit driveways to a road shall
be located to afford maximum safety to traffic on the road. Where
a site occupies a corner of two intersecting roads, no driveway entrance
or exit may be located within 50 feet of the tangent to the existing
or proposed curb radius of that site.
(7)
Approval procedures. Each person to whom this subsection
applies must obtain approval of his/her grading plan in the following
manner:
(a)
The Township’s combined Planning/Zoning
Board is designated to receive and review site plans for purposes
of establishing drainage and other issues relating to applications
for development for major or minor subdivision and/or major or minor
site plan approval. Grading is a part of a site plan application.
All other grading plan applications shall be submitted to the Township’s
Zoning Officer. In the event any grading plan submitted under this
subsection shall not be approved by the Township Engineer, the grading
plan shall be submitted to the combined Planning/Zoning Board for
purposes of a final determination.
[Amended 5-3-2012 by Ord. No. O-5-2012]
(b)
The Township Engineer shall inspect the final
grade, with written notice to the applicable board and to the developer.
The final grade inspection shall be 14 working days preceding the
issuance of any certificate of occupancy.
(c)
Following completion of all grading and drainage
work, the applicant must submit two copies of an as-built survey,
prepared by a New Jersey-licensed surveyor, with final grades, and
request a final inspection. If any discrepancy exists between the
grading plan and actual construction, the developer will be required
to perform any necessary site work to correct the deficiency. All
as-built site work must be done in conformity with the approved grading
plans. Any significant deviations may be approved only by the relevant
approving agency.
(d)
Following completion of all work and receipt
of the as-built grading plan, the Township Engineer shall conduct
the final inspection and notify the Construction Official, in writing,
whether the final construction is in compliance with the approved
grading plan and that a certificate of occupancy may be issued. The
Construction Official shall issue the certificate of occupancy only
if all conditions for the approved grading plan have been satisfied.
(e)
All grading work shall be completed within 180
calendar days from the issuance of the building permit. The grading
permit and building permit shall be issued simultaneously. The 180
days shall commence from the issuance of the building permit.
(8)
Permit and review fees. The person to whom this subsection
applies must pay the following fees to the Township for application,
review and inspection of the site.
(a)
Application fee: $35.
(b)
A lump sum review fee in the amount of $300
shall be paid at the time of submission of a grading plan (per lot)
and a sum of $100 in the event of every subsequent resubmission of
any revised grading plan. These fees are lump sum fees and constitute
the actual fee charged to the Township of Elk by its Engineer.
[Amended 12-6-2012 by Ord. No. O-12-2012]
(c)
Inspection fees. A lump sum inspection fee of
$200 per lot for subdivisions shall be submitted by the applicant
to be utilized for the payment of the Township Engineer's inspection
of the site in accordance with this subsection.
[Amended 12-6-2012 by Ord. No. O-12-2012]
(d)
Reinspection. A lump sum fee of $100 shall be
paid to the Township of Elk for any reinspection of a grading plan
in the event the initial inspection shall reveal errors/omissions
and construction not in accordance with the filed plan. Each reinspection
shall be charged at the lump sum rate of $100 and shall be paid at
the time of the request for any reinspection.
[Amended 12-6-2012 by Ord. No. O-12-2012]
(e)
No certificate of occupancy shall be issued
until the grading plan shall have been submitted and finally approved
as built.
(f)
All fees paid under this subsection shall be
paid to the Treasurer of Elk Township.
A.
The following zoning districts are hereby created
and all land within the Township of Elk shall be placed in one of
these districts by designation on a zoning map, as described below.
B.
Map and interpretation.
(1)
The boundaries of these zoning districts are established
on a map entitled "Elk Township Zoning Map," dated August 5, 2010,
which accompanies this chapter and is incorporated herein.[2]
[Amended 2-3-2005 by Ord. No. O-2005-1; 3-4-2010 by Ord. No. O-2010-4; 8-5-2010 by Ord. No. O-2010-42]
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
(2)
The boundaries between zoning districts are, unless
otherwise indicated, either the center lines of streets or railroad
rights-of-way, municipal boundary lines, property lines existing at
the time of the Zoning Map adoption or amendment, or lines parallel
or perpendicular thereto. Distances not specifically indicated shall
be determined by the scale of the map.
(3)
Where a district boundary line divides a lot existing
at the time of adoption of this chapter, the regulations applicable
to the least restrictive district shall extend over the portion of
the lot in the more restrictive district for a distance of not more
than 20 feet.
A.
The purpose and intent is to provide an appropriate
area adjacent to a major arterial highway and in the sewer service
area for the highest densities in the municipality and planned-unit-type
developments. All new development resulting as part of a site plan,
a major subdivision, or a planned development shall utilize a public
wastewater system.
[Amended 6-3-2004 by Ord. No. O-2004-5; 8-3-2006 by Ord. No. O-2006-2]
B.
Permitted uses in the MD District.
(1)
Agricultural uses and buildings.
(2)
Single-family detached dwellings.
[Amended 10-4-2007 by Ord. No. O-2007-14; 4-1-2010 by Ord. No. O-2010-10]
(3)
Public parks and playgrounds, woodlands, conservation
areas and similar public uses.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(4)
Accessory uses customarily incidental and subordinate
to the above such as sheds, garages, pools, small wind energy systems,
solar energy systems and the like.
[Amended 4-1-2010 by Ord. No. O-2010-10]
C.
Conditional uses.
(3)
Institutional uses such as schools, religious uses, libraries and the like in accordance with § 96-79B.
(5)
Golf courses.
(6)
Commercial uses as listed in § 96-76B(2) and B(4) when the property fronts on County Route 553 with the bulk regulations in § 96-76C, except for below:
[Amended 5-3-2007 by Ord. No. O-2007-3; 10-4-2007 by Ord. No. O-2007-14]
(a)
The building or parking setback from any property
line common to a lot which is residentially zoned shall be increased
by a thirty-five-foot buffer area containing plantings, fencing and
land forms sufficient to visually screen the nonresidential use.
D.
Bulk regulations for single-family detached units.
(1)
Maximum gross density: 1.5 dwelling units per square
acre.
[Amended 2-3-2005 by Ord. No. 01-2005-1; 8-3-2006 by Ord. No. O-2006-2]
(2)
Minimum lot size: 20,000 square feet.
[Amended 8-3-2006 by Ord. No. O-2006-2; 11-3-2022 by Ord. No. O-8-2022]
(a)
Lots existing as of September 1, 2006, of at
least 12,500 square feet and meeting all bulk requirements shall be
considered a conforming lot, until September 1, 2008.[1]
[1]
Editor's Note: Subsection D(2)(b), regarding
clusters, which subsection immediately followed this subsection, was
repealed 2-3-2005 by Ord. No. O-2005-1; 8-3-2006 by Ord. No. O-2006-2.
(4)
Minimum rear yard: 35 feet.
(5)
Side yards.
(7)
Minimum lot depth: 100 feet.
[Added 4-3-2003 by Ord. No. O-2003-3]
(9)
Lot frontage minimum:
[Added 6-3-2004 by Ord. No. O-2004-5; amended 8-3-2006 by Ord. No. O-2006-2]
(a)
Standard: 75 feet.
(10)
Maximum height: 35 feet.
[Added 6-3-2004 by Ord. No. O-2004-5]
A.
The purpose and intent is to provide an area consistent
with the fringe planning area of the SDRP in the area of Elk Township
closest to regional development nodes.
B.
Permitted uses in the LD District.
(1)
Agricultural uses and buildings.
(2)
Single-family detached dwellings.
[Amended 4-1-2010 by Ord. No. O-2010-10]
(3)
Public parks, playgrounds, woodlands, conservation
areas and similar uses.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(4)
Accessory uses customarily incidental and subordinate
to the above such as sheds, garages, pools, small wind energy systems,
solar energy systems and the like.
[Amended 4-1-2010 by Ord. No. O-2010-10]
C.
Conditional uses.
(1)
Institutional uses such as schools, religious uses, libraries and the like in accordance with § 96-79B.
(3)
Golf courses.
(4)
Age-restricted communities in accordance with § 96-74, except gross density shall be 2 units per acre and all development will be required to have public sewer.
[Added 4-4-2002 by Ord. No. O-02-4]
(5)
Planned unit developments on minimum tracts of 150 acres in accordance with Article X, except for the conditions listed below:
[Added 4-4-2002 by Ord. No. O-02-4]
(a)
Maximum gross density shall be 1.5 units per
acre.
(b)
Minimum required open space shall be 35%.
(c)
Minimum set-aside of affordable housing shall
be 5%.
(d)
All development shall have public sewer.
(e)
Whenever a PUD includes area in more than one
zone, the density in this higher density zone may apply over the entire
PUD development when at least 25% of the total land area is in the
higher density zone.
(6)
Commercial uses as listed in § 96-76B(2) and B(4) when the property fronts on State Highway 77 with the bulk regulations in § 96-76C, except for below.
[Added 6-3-2004 by Ord. No. O-2004-5; amended 5-3-2007 by Ord. No. O-2007-3; 10-4-2007 by Ord. No. O-2007-14]
(a)
The building or parking setback from any property
line common to a lot which is residentially zoned shall be increased
by a thirty-five-foot buffer area containing plantings, fencing and
land forms sufficient to visually screen the nonresidential use.
D.
Bulk regulations for single-family detached units.
(1)
Maximum gross density: 1 unit per acre.
(3)
Minimum front yard: 40 feet.
[Amended 4-3-2003 by Ord. No. O-2003-3]
(4)
Minimum rear yard: 40 feet.
(7)
Minimum lot depth: 200 feet.
[Added 4-3-2003 by Ord. No. O-2003-3]
(8)
(10)
Maximum height: 35 feet.
[Added 6-3-2004 by Ord. No. O-2004-5]
A.
The purpose and intent is to provide an area generally
consistent with the rural planning area of the SDRP in the area of
Elk Township distant from development nodes.
B.
Permitted uses in the R District.
(1)
Agricultural uses and buildings.
(2)
Single-family detached dwellings.
[Amended 4-1-2010 by Ord. No. O-2010-10]
(3)
Public parks and playgrounds, woodlands, conservation
areas and similar public uses.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(4)
Accessory uses customarily incidental and subordinate
to the above such as sheds, garages, pools, small wind energy systems,
solar energy systems and the like.
[Amended 4-1-2010 by Ord. No. O-2010-10]
C.
Conditional uses.
(1)
Institutional uses such as schools, religious uses, libraries and the like in accordance with § 96-79B.
(3)
Golf courses.
(4)
Age-restricted communities in accordance with § 96-74, except gross density shall be 1.5 units per acre and all development will be required to have public sewer. Whenever an age-restricted community is contiguous with and with a circulation system continuous with an approved development of greater density the density in Elk Township may be increased in accordance with the following conditions:
[Added 4-4-2002 by Ord. No. O-02-4]
(a)
Up to two units per acre if a major recreation
facility such as a golf course is included and the design maximizes
visual access to the golf course/open space vistas to the residents
and general public; and
(b)
Up to 2.5 units per acre if in addition to the
above a clubhouse including locker/changing facilities, pro shop,
restaurant and maintenance operations space is included in Elk Township.
(5)
Planned unit developments on minimum tracts of 150 acres in accordance with Article X, except for the conditions listed below:
[Added 4-4-2002 by Ord. No. O-02-4]
(a)
Maximum gross density shall be one unit per
acre.
(b)
Minimum required open space shall be 35%.
(c)
Minimum set-aside of affordable housing shall
be 3%.
(d)
All development shall have public sewer.
(e)
Whenever a PUD includes area in more than one
zone, the density in this higher density zone may apply over the entire
PUD development when at least 25% of the total land area is in the
higher density zone.
(6)
Commercial uses as listed in § 96-76B(2) and B(4) when the property fronts on State Highway 77 with the bulk regulations in § 96-76C, except for below.
[Added 6-3-2004 by Ord. No. O-2004-5; amended 5-3-2007 by Ord. No. O-2007-3; 10-4-2007 by Ord. No. O-2007-14]
(a)
The building or parking setback from any property
line common to a lot which is residentially zoned shall be increased
by a thirty-five-foot buffer area containing plantings, fencing and
land forms sufficient to visually screen the nonresidential use.
D.
Bulk regulations for single-family detached units.
(1)
Maximum gross density: .5 units per acre.
(4)
Minimum rear yard: 40 feet.
(7)
Minimum lot depth: 200 feet.
[Added 4-3-2003 by Ord. No. O-2003-3]
(8)
(10)
Maximum height: 35 feet.
[Added 6-3-2004 by Ord. No. O-2004-5]
A.
The purpose and intent is to provide appropriate regulations
in the areas, which include substantial amounts of wetlands and other
sensitive lands, generally consistent with the rural environmentally
sensitive planning area of the SDRP.
B.
Permitted uses in the RE District.
(1)
Agricultural uses and buildings.
(2)
Single-family detached dwellings.
[Amended 4-1-2010 by Ord. No. O-2010-10]
(3)
Public parks and playgrounds, woodlands, conservation
areas and similar public uses.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(4)
Accessory uses customarily incidental and subordinate
to the above such as sheds, garages, pools, small wind energy systems,
solar energy systems and the like.
[Amended 4-1-2010 by Ord.
No. O-2010-10]
C.
D.
Bulk regulations for single-family detached units.
(1)
For major subdivisions, maximum units per upland acre,
i.e., area not designated wetlands, shall be 0.4.
[Amended 6-3-2004 by Ord. No. O-2004-5; 8-3-2006 by Ord. No. O-2006-2]
(4)
Minimum rear yard: 40 feet.
(7)
Minimum lot depth: 200 feet.
[Added 4-3-2003 by Ord. No. O-2003-3]
(8)
(10)
Maximum height: 35 feet.
[Added 6-3-2004 by Ord. No. O-2004-5]
[Added 6-1-2017 by Ord.
No. O-2-2017]
A.
Purpose and intent. The purpose of the Lake Gilman Overlay Zoning
District is to provide homeowners within the Lake Gilman community
the potential to add reasonable additions and updates to their homes
and lots without requiring zoning relief. This unique community requires
unique zoning to allow for the continuance of residents to live there
as well as to protect their unique community.
D.
Bulk regulations for single-family detached units. Nonconforming
lots shall be considered permitted if existing at the time of adoption
of this section.
(1)
Minimum lot size of 15,000 square feet.
(2)
Minimum lake frontage (if lakefront): 60 feet.
(3)
Minimum frontage on private road: 50 feet.
(4)
Minimum lot width: 50 feet.
(5)
Minimum lot depth: 150 feet.
(6)
Minimum principal building setback from lake: 30 feet.
(7)
Minimum principal building setback from private road: 30 feet.
(8)
Minimum side yard setback: 10 feet each side.
(9)
Minimum accessory structure setback from lake: 30 feet.
(10)
Minimum accessory structure setback from private yard: 10 feet.
(11)
Minimum accessory structure setback from side yards: three feet
for shed, five feet for carport or garage.
(12)
Maximum building coverage: 30%.
(13)
Maximum impervious coverage: 40%.
(14)
Minimum driveway/pavement setback from side yard: five feet.
(15)
Minimum total aggregate open space not less than: 40 acres.
As regulated by Ordinance No. 7-1996 of the
Township of Elk.[1]
A.
General concept. A cluster single-family residential
development is a development technique based on a gross dwelling unit
density for the entire tract and allowing the lot size for detached
dwellings to be reduced so long as the gross density is not exceeded.
B.
Purpose. The purpose of this section is to provide
a method of developing single-family detached dwellings which will
preserve desirable open spaces, conservation areas, floodplains, school
sites, recreation and park areas and lands for other public purposes
by permitting the reduction of lot sizes and certain other regulations
hereinafter stated without increasing the number of lots in the total
area to be developed.
C.
General requirements.
(1)
The minimum size of a tract of land proposed for development
under the cluster development provisions of this section shall be
25 acres.
(2)
The land area unutilized for development shall be
equal at a minimum to the difference in the number of lots permitted
on a tract multiplied by the standard minimum lot size minus the design
lot sizes plus 50% of any nondevelopable lands. This land may be offered
to the Township. Land offered but not accepted by the Township shall
be transferred to a homeowners' association or similar organization
in accordance with N.J.S.A. 40:55D-43. The Township may request the
dedication of land at specific locations for particular purposes.
Additionally, all streets within the development shall be offered
to the Township for acceptance.
(3)
The lands offered to the Township shall meet the following
requirements:
(a)
Where possible, open space parcels should be
large enough to accommodate active recreation facilities. Lands offered
for recreational purposes shall be improved by the developer in a
manner consistent with the recreational purpose intended for that
particular area of the development in order to qualify the lands for
acceptance by the Township. In order to provide continuous jogging
and bicycle paths, parcels of open space should be interconnected
using the regular sidewalks and/or separate path systems.
(b)
Any land offered to the Township shall be optimally
related to the overall plan and design of the development and improved
to best suit the purpose(s) for which it is intended. Open space shall
be so planned within the development that a close visual and physical
relationship between the open space and as many dwelling units as
is reasonably possible is created. Open space areas should weave between
dwelling units generally respecting a minimum width of 50 feet and
periodically widening out into significant and usable recreation areas.
(c)
The lands proposed as open space shall be subject
to review by the Planning Board, which, in its review and evaluation
of the suitability of such land, shall be guided by the Master Plan
of the Township, by the ability to assemble and relate such lands
to an overall plan and by the accessibility and potential utility
of such lands. The Planning Board may request an opinion from other
public agencies or individuals as to the advisability of the Township's
accepting any lands to be offered to the Township.
(d)
The parcels of land, whether to be offered to
and accepted by the Township or to a homeowners' association or similar
organization, shall be conveyed by deed on a pro rata basis as actual
development commences in accordance with the following schedule:
[1]
A conveyance by deed of a parcel equal to 25%
of the acreage proposed for dedication or conservation and other purposes
shall be conveyed to the Township prior to the issuance of certificates
of occupancy in a number equal to 25% of the total number of dwelling
units proposed for the entire tract.
[2]
Not less than an additional 25% shall be conveyed
to the Township upon the issuance of certificates of occupancy equal
to 50% of the total number of dwelling units proposed for the entire
tract.
[3]
Not less than an additional 25% of the acreage
shall be conveyed to the Township upon the issuance of certificates
of occupancy equal to 75% of the total number of dwelling units proposed
for the entire tract.
[4]
The final 25% of the acreage proposed for dedication,
conservation or other purposes shall be conveyed to the Township upon
the issuance of the last certificate of occupancy for the development
prior to the release of any bonds deposited for off-site improvements.
[5]
The total lots permitted shall be calculated
by subtracting 20% of the site as an allowance for streets and dividing
the remaining land area by the minimum lot size standard for development
in the zoning district.
[Amended 7-20-2004 by Ord. No. O-2004-6]
[Amended 4-4-2002 by Ord. No. O-02-4]
A.
General concept and purpose. An age-restricted community
(ARC) is a development for age-restricted dwellings developed through
a planned community providing for the physical and social needs of
persons 55 years of age or older and designed to assist such persons
in their housing needs and opportunities.
B.
General requirements for an ARC.
(1)
The minimum size of a tract of land proposed for development
under the ARC provisions shall be as prescribed in the individual
zoning districts or 100 acres where a minimum tract size is not specified.
[Amended 5-3-2007 by Ord. No. O-2007-3]
(2)
The maximum density of a tract of land proposed for
development under the ARC shall be 2.5 dwelling units per gross acre.
Land area equal to a minimum of 33% of the gross acreage of the tract
of land proposed for development as an age-restricted community (ARC)
shall be set aside as common open space. For the purpose of this section,
“common open space” is defined as those areas of the ARC
not committed to use for residential and commercial buildings and
public and private rights-of-way or easements. Lands determined to
be undevelopable, including existing lakes, streams, submerged lands,
or freshwater wetlands and wetland buffers as certified by the Department
of Environmental Protection (NJDEP) shall not exceed 50% of the total
required common open space. There may be included in the common open
space those areas used for common recreational purposes and common
recreational and cultural uses.
(3)
No application for an ARC shall be considered unless
such project can be served by sewer and water systems planned, approved
and installed by the applicant or developer in accordance with the
minimum standards of the NJDEP. The installation of water, sewerage
and drainage facilities shall be in accordance with the specifications
of the appropriate governmental authorities. Such improvements shall
be made at the sole expense of the applicant or developer.
(4)
Occupancy requirements. ARC developments shall be
limited to occupancy by persons 55 years of age or over, with the
following exceptions:
(a)
A husband or wife under the age of 55 years
who is residing with his or her spouse, who is of the age of 55 years
or over.
(b)
Children residing with their parent or parents
if the child is 19 years of age or over, and if one of the parents
with whom the child or children is residing is 55 years of age or
over.
(c)
Occupancy other than in accord with the terms
of this section shall constitute a violation of the section, and the
use, in the event of such violation, shall not be a permitted use
so long as the violation continues.
(5)
A buffer including suitable landscaping of 200 feet
shall be provided along all exterior existing rights-of-way. Any entry
road shall be landscaped and designed to eliminate the visual impact
of any development to existing rights-of-way.
C.
Permitted uses. The following uses (and no others)
of lands and buildings are permitted:
(1)
Single-family detached dwellings including:
(a)
Single-family detached: single-family residence.
A single-family residence is situated on an individual lot with private
yards on all four sides of the house.
(b)
Single-family detached: zero lot line. A single-family
residence on an individual lot; the building is set on one of the
side property lines. An easement for maintenance on the adjoining
lot is one of the requirements for this type of construction. Windows
on the lot line side of a dwelling are prohibited.
(c)
Single-family detached: patio houses. A single-family
detached unit, with one dwelling unit from ground to roof, having
individual outside access. The lot may be fully enclosed by a wall
four to six feet high. All living spaces, i.e., living rooms, dens
and bedrooms, shall open onto a major open area or patio.
(2)
Common recreational and cultural uses for the sole
use of the residents of the age-restricted community (ARC) and their
guests, including the following: clubhouse or community building,
swimming pools not less than 2,500 square feet, shuffleboard courts,
tennis courts and picnic grounds. Common recreational and cultural
uses shall not be limited to the forgoing, so that the applicant may
propose additional common uses with its submission. All such common
uses shall be subordinated to the residential character of the ARC,
and no advertising shall be permitted.
(3)
Accessory uses. Necessary accessory buildings and
uses shall be permitted, including facilities for maintenance and
administration of the development, streets and off-street parking
facilities and utilities.
D.
Area, bulk and height regulations. The following area
restrictions and regulations are hereby established for the ARC:
(1)
Single-family detached dwellings.
(a)
Single-family detached: single-family residence.
[1]
Lot area minimum: 6,600 square feet.
[2]
Lot area minimum for corner lots: 8,250 square
feet.
[3]
Maximum building coverage: 40%.
[5]
Building spacing: 15 feet.
[6]
Minimum lot width at building setback: 60 feet.
[7]
Minimum lot width at building setback for corner
lots: 75 feet.
[8]
Minimum lot depth: 110 feet.
[9]
Maximum building height: 2 1/2 stories,
not to exceed 35 feet.
[10]
Parking: two off-street spaces per dwelling
unit.
(b)
Single-family detached: zero lot line.
(d)
General.
[1]
Maximum impervious surface ratio (on lot): 0.50.
[2]
Minimum patio area: 0.65.
[3]
Maximum height: 24 feet.
[4]
Minimum patio dimension: 20 feet.
[5]
Minimum landscape buffer between ARC and any
residential or nonresidential land uses: 50 feet.
[6]
Minimum landscape buffer along street lines:
50 feet.
E.
Design guidelines for residential use in an age-restricted
community (ARC) development.
(1)
The development plan of an ARC should be broken into
visually small groupings such as quadrangles, clusters and courts.
Devices to slow speed and reduce the size of each visual grouping,
such as garden walls and gates, reduction in setbacks of facing buildings,
and variable landscape layout, are encouraged.
(2)
No more than five freestanding dwelling units should
be placed in a row with the same setback from a straight street line.
(3)
Each detached dwelling unit complex shall have a compatible
architectural theme with variations in design to provide attractiveness
to the age-restricted community (ARC) development, which shall include
consideration of landscaping techniques, building orientation to the
site and to other structures, topography, natural features and individual
dwelling unit design, such as varying unit widths, staggering unit
setbacks providing different exterior materials, changing rooflines
and roof designs, altering building heights and changing types of
windows, shutters, doors, porches, colors and vertical or horizontal
orientation of the facades, singularly or in combination of each dwelling
unit.
(4)
Dwelling units should be grouped in clusters. Outdoor
living areas or patios should adjoin open space or paths leading to
open space. Screening of such outdoor living areas may be accomplished
with plant materials, changes in elevation, masonry structures or
wood fencing. Architectural elements such as masonry walls and fences
shall be compatible in both style and materials with the dwelling
unit of which it is part.
(5)
Required single-family detached front yard setbacks
may be reduced to 15 feet if a picket fence and/or low wall is provided
or front porches are provided.
(6)
Where private garages are provided, constructed either
as part of a dwelling unit or on individual lots, the following guidelines
shall be followed:
(a)
All garages shall conform architecturally to,
and be of similar materials as, the principal building.
(b)
A garage need not be set back from one side
line of an individual lot and may be attached to a garage on an adjacent
individual lot.
(c)
No garage which is not attached to or part of
a dwelling unit on the same individual lot should be closer than 20
feet to said unit.
(d)
Where common garage structures are considered,
they shall be provided in clusters housing no more than four cars.
They should be located so as to provide a short a walk as practicable
to the principal residence.
(e)
Alleyways with rear-loaded garages shall be
permitted. Alleyways may be in a twenty-foot easement, with 15 feet
of pavement, no curbs, and limited to one-way traffic.
(f)
Private garages may be counted as 1/2 of an
off-street parking space.
(g)
A landscape plan shall be provided for preliminary
approval of an age-restricted community (ARC) development. Landscaping
shall be integrated into building arrangement, topography, parking
and buffering requirements. Landscaping shall include trees, bushes,
shrubs, ground cover, perennials, annuals, plants, sculpture, art
and the use of building and paving materials in an imaginative and
aesthetic manner.
(h)
Corner lots. Any structure located on a corner
lot shall be set back from both streets the minimum distance required
for the front yard setback.
F.
Open space design guidelines for ARC developments.
(1)
Open space areas resulting from development of an
ARC shall weave between structures generally respecting a minimum
width of 50 feet and periodically widening out into significant and
usable recreation areas. The configuration of the open space areas
should be arranged so that connections can be made to existing or
future adjacent open spaces and other community facilities.
(2)
The developer may be required to plant trees or other
similar landscaping improvements. Said improvements may include removal
of dead or diseased growth, thinning of trees or other growth to encourage
more desirable growth, removal of trees in areas planned for active
recreational facilities, grading and seeding and improvements or protection
of the natural drainage system by the use of protective structures,
stabilization measures and similar improvements.
(3)
Portions of the open space should be developed to
afford both passive and active recreational opportunities. Passive
recreational activities may include but are not limited to pedestrian
paths, sitting areas and naturally preserved areas. Active recreational
areas may include but are not limited to a clubhouse or community
building, shuffleboard courts, tennis courts, bicycle paths, barbecue
grills, picnic benches, indoor recreational uses, and swimming pools
not less than 2,500 square feet. Active recreational facilities should
be carefully located to avoid problems of noise, lights and similar
nuisance elements affecting residential units. They shall be located
not less than 50 feet from any boundary line, exclusive of buffers.
(4)
Every parcel so set aside shall be conveyed by deed
at the time final subdivision or site plan approval is granted.
(5)
The land to be set aside shall be offered to the Township
Committee for acceptance. Land offered for dedication but not accepted
by the Township Committee shall be transferred to a homeowners' association
or similar organization in accordance with N.J.S.A. 40:55D-43.
(6)
Any open space offered to the Township Committee shall
be subject to review by the Planning Board, which shall be guided
by the Master Plan, the ability to assemble and relate such lands
to an overall plan, the accessibility and potential utility of such
lands and such existing features as topography, soils, wetlands and
tree cover, as these features may enhance or detract from the intended
use of the lands. The Planning Board may request an opinion from other
public agencies or individuals as to the advisability of accepting
any lands to be offered.
G.
Commercial development.
(1)
Development authorized. In the event that all requirements
for the age-restricted community (ARC) are met, a maximum of 7.5%
of the total adjusted gross acreage of the ARC development shall be
developed for limited commercial purposes described as follows.
(2)
Requirements. All lands proposed for utilization as
limited commercial use shall be optimally related to the overall plan
and design of development and improved to best suit the purpose for
which it is intended. On all limited commercial lots, access, ingress
and egress shall be onto a nonresidential, arterial or collector street.
(3)
Purpose. The purpose is to allow for small areas where
retail and service businesses may be located primarily for the convenience
of the residents in the ARC development. It is intended that development
in these areas be designed to enhance and improve the centers by ensuring
that an adequate traffic circulation plan evolves so that each building
does not have its own access point(s) to the adjoining road(s), that
the building appearances and signs are compatible and that parking
facilities are interrelated and capable of common usage where possible.
(4)
Permitted principal uses. The principal permitted
uses on the land and in the buildings in the commercial area of an
age-restricted community (ARC) development area as follows:
(a)
Local retail activities, including grocery stores,
meat markets, seafood markets, delicatessens, bakeries, drugstores,
furniture stores, sporting good shops, gift shops, hobby shops, bookstores,
clothing stores, shoe stores, hardware stores, pet shops, stationery
stores, fabric stores and florists.
(b)
Local service activities, including barber and
beauty shops, tailors, dry-cleaning and laundry operations, appliance
repair shops, shoe repair shops, and upholsterers.
(c)
Banks, including drive-in facilities.
(d)
Professional offices are permitted, but shall
be limited to dentists, doctors, engineers, lawyers, real estate agents
and insurance agents.
(5)
Permitted accessory uses. Permitted accessory uses
in the commercial area of an ARC development are as follows:
(a)
Off-street parking.
(b)
Garages to house delivery trucks or other commercial
vehicles.
(c)
Temporary construction trailers and one sign
not exceeding 50 square feet for advertising the prime contractor,
subcontractor(s), architect, financing institution and similar data
for the period of construction, beginning with the issuance of a building
permit or one year, whichever is less, provided that said trailer
and sign are on the site where construction is taking place and set
back at least 15 feet from the street to the lot lines.
(6)
Maximum building height for commercial use. No building
shall exceed 25 feet in height and two stories.
(7)
Area and yard requirements for commercial use in an
ARC development.
(a)
Principal building. Minimum requirements shall
be as follows:
[1]
Lot area: 20,000 square feet.
[2]
Lot frontage: 125 square feet.
[3]
Lot width: 125 feet.
[4]
Lot depth: 150 feet.
[5]
Front yard: 60 feet.
[6]
Rear yard: 25 feet.
[7]
Side yard. In order to encourage an end product
which provides parking, access and architectural continuity even where
development occurs piecemeal and with diverse ownership, buildings
may be attached and may be built to the interior side line(s) in order
to be attached. Attached buildings may include two walls, which must
be keyed to each other. Where buildings are built to both side lines,
the site plan shall be accompanied by appropriate legal material and
plans showing properly located loading spaces and trash receptacles,
with permitted access across adjacent properties. If structures are
not attached, the side yard(s) shall be 20 feet each.
(8)
Minimum floor area. Each building shall have a minimum
gross floor area of 400 square feet, which a width of each store no
less than 20 feet.
(9)
General requirements for commercial use in an age-restricted
community (ARC) development.
(a)
One building may contain more than one use,
provided that the total building coverage of the combined uses does
not exceed the maximum building coverage specified for the building,
and further that each use occupies a minimum gross floor area of 400
square feet.
(b)
At least the first 20 feet adjacent to any street
line shall not be used for parking and shall be planted and maintained
in the lawn area or ground cover or landscaped with evergreen shrubbery
and separated from the parking area by poured concrete, Belgian block
curbing or concrete bumper blocks.
(c)
No merchandise, products, waste, equipment or
similar material or objects shall be displayed or stored outside.
(d)
All buildings shall be compatibly designed,
whether constructed all at one time or in stages over a period of
time. All building walls facing any street or residential use or district
line shall be suitably finished for aesthetic purposes, which shall
not include unpainted or painted cinder block or concrete block walls.
(e)
All areas not utilized for buildings, parking,
loading access aisles and driveways or pedestrian walkways shall be
suitably landscaped with shrubs, ground cover, seedlings or similar
plantings and maintained in good condition.
(f)
A minimum buffer area of 50 feet in width shall
be provided along any common property line with a residential use
or district.
(10)
Minimum off-street parking.
(a)
Minimum off-street parking for commercial uses
in an ARC development shall be provided as follows:
[1]
Grocery stores, meat markets, seafood markets,
supermarkets, delicatessens and bakeries: five spaces per 1,000 square
feet of gross floor area or fraction thereof.
[2]
Drugstores, furniture stores, sporting goods
shops, fight shops, hobby shops, bookstores, clothing stores, shoe
stores, hardware stores, pet shops, stationery stores, fabric stores,
florists, tailors, dry-cleaning and laundering operations, appliance
repair shops, shoe repair shops and upholsterers: five spaces per
1,000 square feet of gross floor area or faction thereof.
[3]
Barber and beauty shops: two spaces per chair,
with a minimum of three spaces.
[4]
Banks and professional offices: six spaces per
1,000 square feet of gross floor area or fraction thereof.
(b)
Parking areas for individual uses shall be designed
to be interconnected with adjacent properties and shall utilize access
points to the street.
(c)
Where more than one use occupies one building
or where there is an attached group of buildings, the total parking
spaces shall be an accumulation of the various standards appropriate
to the uses noted above, except that where more than five separate
uses are grouped into one area using common parking facilities and
controlled access points to the parking area(s), the total parking
need may be computed on the basis of providing at least 5.5 spaces
per 1,000 square feet of gross floor area or fraction thereof to serve
the total complex.
(11)
Minimum off-street loading. Minimum off-street
loading for commercial use in an age-restricted community (ARC) development
shall be provided as follows:
(a)
Each activity shall provide for off-street loading
and unloading with adequate ingress and egress from streets and shall
provide such area(s) at the side or rear of the building. Each space
shall be at least 15 feet by 30 feet, and one space shall be provided
for every 4,000 square feet of gross floor area or fraction thereof
in each building. There shall be no loading or unloading from the
street.
(b)
There shall be at least one trash and garbage
pickup location provided by each building, which shall be separated
from the parking spaces by either a location within the building or
in a pickup location outside of the building, which shall be a steel-like,
totally enclosed container located in a manner to be obscured from
view from parking areas, streets and adjacent residential uses or
zoning districts by a fence, wall, planting or combination of the
three. If located within the building, the doorway may serve both
the loading and trash/garbage functions, and if located outside of
the building, it may be located adjacent to or within the general
loading area(s), provided that the container in no way interferes
with or restricts loading and unloading functions.
(c)
All off-street loading areas shall be lighted.
(12)
Signs.[1]
(a)
Local retail and service activities, banks and
professional offices may have one lighted or unlighted sign displaying
the name of the use, attached flat against the front of the building
and not exceeding an area equivalent to 5% of the front of the building
or 50 square feet, whichever is smaller. Where the building(s) is
(are) designed for rear or side entrances, one unlighted sign may
be attached flat against the building at the rear and side entrances,
such sign not to exceed an area equivalent to 1/2 that of the sign
on the front of the building.
(b)
A shopping center consisting of more than five
separate uses grouped together may have one lighted freestanding,
but nonmoving, sign along each arterial or collector road which the
tract in question abuts, provided that there exists at least 200 feet
of unbroken frontage. Such sign shall not exceed 12 feet in height,
shall be set back from any property line a minimum of 50 feet and
shall not exceed an area of 100 square feet.
[1]
Where uses share a common walkway, each use
served by the walkway may have one additional sign identifying the
use, suspended in perpendicular fashion from the roof over the walkway.
Suspended signs shall be no closer than eight feet at their lowest
point to the finished grade level below them. No such signs shall
exceed eight square feet in area.
[2]
All signs in a shopping center shall conform
in character with all other signs in the complex and shall blend with
the overall architectural scheme of the shopping center.
(13)
Fences in age-restricted community (ARC) developments.
Fences for all uses in ARC developments shall be in accordance with
the following:
(a)
No chain link fences shall be permitted within
the ARC development;
(b)
All fences shall be maintained at a minimum
35% transparency except fences specifically intended for screening;
and
(c)
Fences shall not exceed four feet in height
unless utilized for security or screening purposes, in which case
said fence may not exceed seven feet in height within the buildable
area of the lot.
(14)
Signs in ARC developments. In addition to regulations
of signs for commercial use in an ARC development, signs in ARC developments
shall be in accordance with the following:
(a)
No sign shall be placed or maintained within
an ARC development except as herein provided.
(b)
For commercial use in an ARC development, signs shall be in accordance with Subsection G(12) of this section. For residential use in an ARC development, no sign shall be permitted, except an unlighted sign for lease, sale or rent of property and not exceeding 12 square feet in area.
(c)
Traffic and other regulatory signs, legal notices
and the like shall be placed without review and permit.
(15)
Types of signs prohibited. The following types
of signs are specifically prohibited in ARC developments:
(a)
A sign or structure which directs attention
to a business commodity, service, activity or entertainment not conducted
or principally sold or offered upon the premises on which the sign
is located.
(b)
Signs attached to the vertical face of the building
which extend above the juncture of the facade and roof of the building.
(c)
Signs attached to any portion of the roof.
(d)
Signs employing flashing, rotating or blinking
lights.
(e)
Revolving signs or beacons, streamers, pennants
and/or whirling devices.
(f)
Portable signs of any type.
(16)
Informational and regulatory signs. The following
types of signs displayed for the direction, safety, convenience or
information of the public are permitted:
(a)
Signs of duly constituted governmental bodies,
including traffic or similar regulatory signs, legal notices or other
signs required to be maintained or posted by law or other regulation.
(b)
Utility signs not over four square feet in area
identifying parking area entrances and exits, off-street loading areas
and the like.
(c)
Memorial plaques, cornerstones, historical markers
and the like.
(d)
Nameplates or address signs not to exceed two
square feet.
(e)
Temporary announcement signs, including contractor's
signs on construction site not to exceed 32 square feet in area indicating
the names of persons associated with or events conducted upon the
premises.
(f)
Sale or rent signs. Sign(s) advertising that
the premises are for lease, sale or rent are permitted, provided that
each real estate firm shall be limited to one such sign not to exceed
12 square feet in area on each lot or parcel of property for which
such firm has a bona fide listing and that such sign shall be removed
from the premises within 10 days subsequent to the leasing, sale or
rental of such premises.
(g)
Development signs. One company sign not to exceed
50 square feet in area may be affixed to each lot or parcel of property
to designate that such property is to be occupied at a future date
by the business or use designated.
(17)
In addition to the foregoing, it shall be mandatory
for the applicant of an age-restricted community (ARC) development
to provide the Planning Board and the governing body with copies of
all submissions to be made to any state agency, pursuant to the Retirement
Community Full Disclosure Act,[2] at all stages of development.
[2]
Editor's Note: See N.J.S.A. 45:22A-1 et seq.
(19)
All other applicable sections of the ordinances
of Elk Township shall apply.
[Amended 4-3-2003 by Ord. No. O-2003-3; 5-5-2005 by Ord. No. O-2005-2; 9-3-2009 by Ord. No.
O-2009-9]
A.
Purpose and intent. The purpose of the Recreational Residential Zoning
District is to recognize the continued existence of a recreational
resort community that was established in the 1930s as a private lake
and was converted to a community of stockholders, the Lake Garrison
Corporation, in the 1940s. The area consists of approximately 116
acres and contains 110 cottage sites. The zoning requirements are
intended to protect the health, safety, and general welfare of the
citizens of Elk Township consistent with the Township's overall goals
and objectives. The regulations encourage the maintenance of a viable
seasonal community and the improvement of the existing conditions
in the RR Zoning District without significantly intensifying the land
uses. It is acknowledged that the land is owned by the Lake Garrison
Corporation and that the individual structures are owned by the individual
stockholders, a unique ownership structure requiring a unique regulatory
program.
B.
Permitted uses. The following uses are permitted in the RR Recreational
Residential Zone:
(1)
Seasonal resort cottages which are occupied on a continuous basis
only during the period from May 1 to October 31. The following additional
lot and building standards shall be met:
(a)
The maximum number of seasonal resort cottages allowed per gross
acre owned by the community, including land and water, shall be one.
(b)
The maximum number of dwelling units allowed per structure shall
be one.
(c)
The minimum habitable floor area per cottage unit shall be 600
square feet.
(d)
The minimum area set aside for recreational facilities shall
be 40% of the total tract area.
(e)
The minimum distance between principle structures shall be as
follows:
[1]
New structures: 20 feet.
[2]
Existing structures, or replacement of structures existing as
of the date of this Ordinance No. O-2009-9 revision: The applicant
shall submit a plan that plots the distance between the existing structure
and the adjacent structures. The distances to the adjacent structures
and the midpoint along that distance shall be plotted. Replacement
structures or additions/alterations to existing structures must be
set back a minimum of 10 feet from the midpoint between the existing
structure and the adjacent structures. (For example, if an existing
structure is 14 feet from its neighbor and the structure will be replaced,
the applicant shall identify the midpoint between the structures —
seven feet — and set the new structure back at least 10 feet
from the midpoint, so that the distance between the structures will
now be 17 feet.)
(f)
Each cottage must have a minimum of two parking spaces available
to it that will not interfere with circulation along the private roadways
within the site. The parking spaces may be in a driveway or in a common
parking area.
(g)
Cottages with frontage on the lake must be set back a minimum
distance of 50 feet from the lake or the minimum required by the Flood
Hazard Area Control Act rules (N.J.A.C. 7:13), and for replacement
within 150 feet of the lake edge, cottages may not be any closer to
the lake than the existing building footprint.
(2)
One dwelling unit within the zone may be occupied on a year-round
basis by a site manager employed by the Lake Garrison Corporation
and his or her immediate family. The year-round unit must be served
by a septic disposal system (or be hooked up to public sewer service).
(3)
Accessory uses incidental to and commonly provided for the exclusive
use of occupants in resort cottages or the general membership such
as storage sheds, garages, pavilions, playground equipment.
(a)
All accessory structures must be set back a minimum of 50 feet
from perimeter property lines.
(b)
Accessory structures must be a minimum of 15 feet away from
dwelling units.
(c)
Accessory structures for individual cottages may not exceed
200 square feet, and no more than one accessory structure is permitted
for each cottage dwelling.
(4)
Public parks, playgrounds and play areas.
(5)
Golf courses.
C.
Design requirements. For the replacement of an existing dwelling
or a proposed addition to an existing dwelling, the applicant must
provide the Zoning Officer with the following information in order
to determine compliance with the section requirements:
(1)
A scaled plot plan at a scale not less than one inch equals 30 feet.
(2)
The area, shape and size of the home site and of all structures and
improvements within 100 feet of the proposed improvements with additional
information if required.
(3)
A grading plan consistent with the requirements of § 96-66M, except that for individual dwellings within the site, information should be provided for areas within 100 feet of the proposed structure, not the property lines.
(4)
Vegetation, trees or natural features that are proposed to be altered
or removed as a result of the proposed improvements.
(5)
Location and size of any easements for gas, water or electric lines
on the home site and within 100 feet.
(6)
The distance to the site boundaries.
(7)
All accessory buildings, existing and proposed, within 100 feet of
the proposed structure.
(8)
All proposed walkways, driveways and parking areas.
(9)
The proposed grading and drainage plan for the site.
(10)
Statement on the method and plan for the water system.
(11)
Statement on the method and plan for the sewerage system.
(12)
Statement on the method and plan for garbage disposal.
D.
Required site improvements for new cottages, new home sites, or new
common area structures.
(2)
A method shall be provided for the disposal of refuse. Such method
shall meet the minimum standards set by New Jersey's solid and hazardous
waste rules (N.J.A.C. 7:26). Refuse enclosures shall be provided to
contain and shield trash and recycling containers.
(3)
A planted buffer strip shall be placed along all property lines which
are adjacent to residential zones. The buffer must be improved when
a new structure or new activity area is placed within 100 feet of
the boundary with the residential zone. Such buffer strip shall be
at least 25 feet in width and shall be used for no other purpose than
as a planting area. The plants in the buffer strip shall be at least
six feet in height at planting and shall be placed in such a way that
a solid screen is provided. The reviewing board may also permit the
installation of a fence within the buffer area.
(4)
All other common areas, including the areas in and around the home
sites, shall be landscaped and maintained in lawn or other appropriate
ground cover.
(5)
In locations where common facilities are concentrated, common walkways
of at least three feet in width and of durable construction shall
be provided.
E.
F.
Signs. Permitted signs in the RR Recreational Residential Zone shall
be as follows:
(1)
One nonflashing nameplate sign permitted for each resort cottage
situated within the property lines of the tract, and each not exceeding
72 square inches, as well as any signage required by the Township
for emergency identification.
(2)
One temporary sign pertaining to the lease or sale of the same lot
or to the construction of the building on which it is placed. Such
sign shall be nonflashing, shall be situated within the property lines
of the premises to which it relates and shall not exceed six square
feet in total area.
(3)
One externally illuminated sign pertaining to the use of a public
or private park or recreation facility, situated on the property and
located not less than 10 feet from any street or property line. Each
sign shall not exceed 24 square feet in total area. The lighting source
must be shielded to prevent glare.
(4)
One temporary banner sign for special events, etc., during the summer
months. The sign must be on the property, securely fastened, and may
not exceed 30 square feet in area.
A.
Purpose and intent: In the C-1 (Commercial-Neighborhood)
Zone, a building may be erected or used and a lot may be used or occupied
for any of the following purposes, and no other, provided that such
building or use complies with the requirements for this zone and the
following regulations.
B.
Permitted uses in the C-1 District.
(1)
Customary and conventional agricultural uses and farm
dwellings when associated with a qualified agricultural use. The use
must be assessed for tax purposes for farming/agriculture.
[Amended 5-3-2007 by Ord. No. O-2007-3]
(2)
Retail business or service activities of and similar
to the following types:
(a)
Groceries and foodstuffs.
(b)
Drugs and pharmaceuticals.
(c)
Confectionery.
(d)
Stationery and tobacco.
(e)
Hardware and paints.
(f)
Bakery.
(g)
Periodicals and newspapers.
(h)
Barber and beauty shops.
(i)
Tailoring and dressmaking.
(j)
Dry cleaning.
(k)
Shoe repairing.
(l)
Self-service laundries.
(m)
Radio and television service.
(n)
Funeral homes.
(o)
Restaurants, with or without liquor licenses, and taverns.
[Added 6-21-2016 by Ord.
No. O-5-2016]
(p)
Retail package liquor stores.
[Added 6-21-2016 by Ord.
No. O-5-2016]
(q)
Supermarket/grocery store.
[Added 6-1-2017 by Ord.
No. O-2-2017]
(r)
Convenience store.
[Added 6-1-2017 by Ord.
No. O-2-2017]
(s)
Barber shop or hair salon.
[Added 6-1-2017 by Ord.
No. O-2-2017]
(t)
Coffee shop.
[Added 6-1-2017 by Ord.
No. O-2-2017]
(3)
Golf courses.
(4)
Professional and general office use.
[Amended 5-5-2005 by Ord. No. O-2005-2]
C.
Conditional
uses in the C-1 District.
[Added 11-3-2022 by Ord. No. O-8-2022[1]]
(1)
Mini warehousing and self-storage uses may be permitted in the C-1
Zone, provided that all of the following conditions are met.
(2)
The minimum rental storage area shall be 40,000 square feet.
(3)
Such facilities shall maintain an operational manager's or resident
manager's office/dwelling which shall be accessory to the principal
use herein. Occupancy of the dwelling shall be limited to the facility
manager and his immediate family.
(4)
Such facilities shall provide for the storage of customer's goods
and wares only. No business activity other than the rental of storage
space shall be conducted on the premises by either the owner of the
facility, the resident manager or a tenant of storage space.
(5)
No storage of any kind shall be conducted out of doors.
(6)
The site containing such a use shall have direct access to a nonresidential
collector or arterial street.
(7)
Site plan approval shall be required and any development shall also
be subject to the following supplemental zoning regulations:
(a)
The minimum site area shall be three acres and the maximum site
area shall be six acres.
(b)
The maximum building area inclusive of a manager's office and/or
dwelling for any one building on the site shall be 12,000 square feet.
(c)
The maximum building length inclusive of a manager's office
and/or dwelling shall be 300 feet.
(d)
The minimum front yard setback abutting a public street shall
be 75 feet. The minimum setback adjacent to any residentially zoned
or developed property shall be 50 feet. All other setbacks shall be
a minimum of 25 feet.
(e)
The facades of all structures visible from public streets and
residentially zoned or developed property shall be constructed of
materials which are wood, brick, masonry, or other material finished
to be compatible with the uses in the area in which the facility is
located. Facades facing residentially zoned or developed property
shall not contain access doors to the storage units.
(f)
No single structure shall exceed one story, 18 feet in height
including all roof equipment attached thereto. Structures with roof
equipment shall provide roof screening to prevent its visibility from
all sides of the building. The height of a resident manager's office
dwelling, whether or not it is attached to another structure, shall
be permitted to a maximum of 35 feet, 2 1/2 stories.
(g)
All outdoor lighting shall be shielded to direct light and glare
only onto the premises and shall be of sufficient intensity to discourage
vandalism and theft. It shall be directed, shaded and focused away
from all adjoining property.
(h)
A minimum of four standard parking spaces shall be located in
the immediate vicinity of the administrative office for the use of
prospective clients. Parking areas adjacent to or in close proximity
to the storage facilities shall be provided. Two additional standard
parking spaces shall be provided for a resident manager's dwelling.
Fire lanes shall be designated and marked in accordance with the Fire
Code.
(i)
Outdoor mini warehouse or self-storage identification advertising
displays shall be in accordance with this chapter and shall not in
any way exceed the maximum size, height, character and spacing allowed
in the zone in which it is to be located.
(j)
Drive aisles with access on both sides to storage facilities
shall provide a minimum of 30 feet of width where traffic flow is
both ways. Where only one-way traffic flow is permitted, the width
may be reduced to a minimum of 22 feet.
(k)
Drive aisles with access on one side to storage facilities shall
provide a minimum of 25 feet of width where traffic flow is both ways.
Where only one-way traffic flow is permitted, the width may be reduced
to a minimum of 20 feet.
(l)
A minimum of fifteen-foot continuous planted buffer in accordance
with this chapter shall be provided along all property lines adjacent
to other nonresidentially zoned sites. If an adjacent site is residentially
zoned or developed, the minimum planted buffer shall be 50 feet.
(m)
A minimum fifty-foot continuous planted buffer in accordance
with this chapter shall be provided along all nonaccessible street
frontages. Where a frontage provides access to the facility, the same
buffer shall be required except for the area necessary for an ingress/egress
drive, required parking, signage as permitted by this chapter and
required sight triangles.
[1]
Editor's Note: This ordinance redesignated former Subsections
C through F as D through G, respectively.
D.
Lot and building requirements for the C-1 (Commercial-Neighborhood)
Zone shall be as follows:
G.
Loading and unloading space. Truck loading and unloading
facilities shall be provided on the same lot and in other than the
front yard area so as to permit the transfer of goods in other than
a public street.
A.
Purpose and intent. In the C-2 Zone, a building may
be erected or used and a lot may be used or occupied for any of the
following purposes, and no other, provided that such building or use
complies with the requirements for this zone and the following regulations.
B.
Permitted uses in the C-2 District.
(1)
Retail business or service activities of and similar
to the following types:
(a)
Restaurants with or without liquor service,
and taverns.
[Amended 12-5-2013 by Ord. No. O-9-2013]
(b)
Banks, theaters (except open-air theaters),
offices, hotels and motels.
(c)
Bus passenger stations, bus terminals and taxi
stands.
(d)
Telephone exchanges, telegraph and express offices.
(e)
Commercial recreation uses, provided that their
activity is carried out entirely within a building.
(f)
A planned shopping center consisting of a group
of retail establishments developed and managed as a unit with off-street
parking provided as an integral part of the unit.
(g)
Auto showrooms.
(h)
Retail package liquor stores.
[Added 12-5-2013 by Ord.
No. O-9-2013]
(2)
Public and commercial garages, filling stations, auto
repair shops and used car lots.
(3)
Terminal warehousing and wholesale storage, but not
including the open storage of junk, such as scrap metal or other scrap
materials or automobiles or other vehicles or machinery intended for
dismantling or demolition.
[Amended 12-7-2023 by Ord. No. O-16-2023]
(4)
Golf courses.
D.
Minimum required yard depth from street right-of-way
and lot lines for principal buildings and detached accessory buildings.
E.
Signs.
[Amended 7-20-2004 by Ord. No. O-2004-6; 12-18-2008 by Ord. No.
O-2008-14]
(2)
In addition, where a principal use occupies at least
750 square feet of segregated area within a larger structure and has
direct access from the outside, a wall or facade sign not exceeding
six square feet identifying the name of the business or activity may
also be attached to the building: for example, a bank inside a supermarket.
F.
Off-street parking: Off-street parking shall be as provided for in § 96-54, except there shall be no off-street parking within 35 feet of the road in C-2 Districts.
G.
Loading and unloading space: Truck loading and unloading
facilities shall be provided on the same lot and in other than the
front yard area so as to permit the transfer of goods in other than
a public street.
[Amended 8-3-2006 by Ord. No. O-2006-2]
A.
Permitted uses in the M-1 District.
(1)
Any production, processing, cleaning, testing, repair,
storage and distribution of materials, goods, foodstuffs and products
not involving a retail activity on the lot, except those excluded
by this article.
(2)
Contractor's establishment not engaging in any retail
activities on the site.
(3)
Laboratories: research, experimental or testing.
(4)
Public utility installations.
(5)
Agricultural uses, provided that the following provisions
are met:
(a)
The minimum lot and building requirements of
this District are met.
(b)
No more than one residential farm dwelling shall
be permitted on each lot and must be associated with a qualified agricultural
use. The use must be assessed for tax purposes for farming/agriculture.
[Amended 5-3-2007 by Ord. No. O-2007-3]
(c)
No commercial activities shall be permitted
other than one road-side stand selling food produce.
(d)
No seasonal or temporary residential dwellings
shall be permitted.
(6)
Golf courses.
B.
Prohibited uses The following uses are prohibited
in the M-1 Light Manufacturing Zone.
(1)
Retail businesses of any kind, except those referred
to in this section.
(2)
Residential dwelling units of any kind, except those
permitted in this section.
(3)
The manufacture of heavy chemicals such as but not
limited to mineral acids or other corrosives, ammonia, caustic soap
and sulfuric acid; the manufacture of basic or semifinished chemicals,
such as cellulose products, resins, dyestuffs, glue, vegetable, animal
or mineral fats or oils, explosives, combustible gases, soap and detergents,
fertilizers derived from animal origins, asphalt and tar products;
the manufacture or production of cement, plaster, cork and their constituents,
matches, paints, oils, varnishes, lacquer, rubber or rubber products;
and the processing, sale, storage or reclamation of junk of all kinds,
including automobile wrecking and storing.
C.
General requirements.
(1)
Building permit application requirements. Any application
for a building permit for a use to be located in this District shall
be accompanied by:
(a)
A plot or site plan of the gross property, showing
the location of all present and proposed buildings, drives, parking
lots, waste disposal facilities, screening fences or walls and other
constructional features on the lot as well as streets, alleys, highways,
streams and other topographical features inside and outside of the
lot and within 200 feet of any lot line.
(b)
Plans and specifications bearing the seal of
a registered architect or engineer.
(c)
A description of the operations proposed, in
sufficient detail to indicate the effects of those operations in producing
traffic congestion, noise, glare, air pollution, water pollution,
fire hazards or safety hazards or the emission of any potentially
harmful or obnoxious matter or radiation.
(d)
Engineering and architectural plans for the
treatment and disposal of sewage and industrial waste, tailings or
unusable by-products.
(e)
Engineering and architectural plans for the
handling of any excess traffic congestion, noise, glare, air pollution,
water pollution, fire hazard or harmful or obnoxious matter or radiation.
(f)
Designation of the fuel to be used and any necessary
architectural and engineering plans for controlling smoke.
D.
Use requirements. Activities in this District must
meet the requirements of this section. Storage may be permitted out-of-doors,
provided that within 100 feet of any other district all storage shall
be in completely enclosed buildings or shall be effectively screened
by a wall or fence, which wall or fence shall in no case be lower
than the enclosed storage. Such storage shall not be deemed to include
the parking of licensed motor vehicles under 1 1/2 tons rated
capacity.
E.
General design requirements for industrial developments.
(1)
Fire and explosive hazards. All activities and all
storage of flammable and explosive materials at any point shall be
provided with adequate safety devices against the hazards of fire
and explosion, and adequate fire-suppression equipment shall be installed
and maintained in an operable condition in accordance with the regulations
of the Fire Marshal's Office, Construction Official and the regulations
of applicable local, county, state, and federal agencies.
(2)
Electrical disturbance. No activity shall be permitted
which results in an electrical disturbance adversely affecting the
operation of any equipment beyond the building in which the disturbance
is created.
(3)
Smoke, ash, dust, fume, vapor, gases and other forms
of air pollution. There shall be no emission at any point from any
chimney or otherwise which can cause damage to human health, to animals
or vegetation, or to other forms of property, or which will cause
any excessive soiling at any point.
(4)
Liquid and solid wastes. There shall be no discharge
at any point, into any private or public sewerage system, or into
any stream, or into the ground of any materials in such a way, or
of such temperature, as to contaminate or otherwise cause the emission
of hazardous materials except as regulated by applicable local, state,
or federal agencies.
(5)
No activity or use shall produce a sound pressure
level on adjacent property in excess of the level permitted by the
applicable laws of the State of New Jersey, and regulations adopted
by the NJDEP, and as currently enforced by the Gloucester County Health
Department or any other duly authorized enforcement agency.
(6)
Vibration. No activity or operation shall produce
at any point along the lot line continuous earth home vibrations greater
than the maximum displacement as permitted in the following table.
|
Frequency
(Cycles per second)
|
Residential District
Displacement
(in inches)
|
Nonresidential
District Dis-
placement
(in inches)
| ||
|---|---|---|---|---|
|
less than
|
greater than or equal to
| |||
|
0
|
10
|
.0004
|
.0020
| |
|
10
|
20
|
.0002
|
.0010
| |
|
20
|
30
|
.0001
|
.0006
| |
|
30
|
40
|
.0001
|
.0004
| |
|
40
|
50
|
.0001
|
.0003
| |
|
50
|
-
|
.0001
|
.0002
| |
(7)
Glare. No activity or use shall produce a strong,
dazzling light or reflection of same beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light, or reflection will not be a nuisance to adjoining properties,
dwellings, streets, districts, or from adjacent buildings within an
industrial park. In no event shall a lighting intensity greater than
.125 footcandle, measured at grade, be permitted beyond the subject
lot lines.
(8)
Odor. No operation shall release materials capable
of becoming odorous, either by bacterial decomposition or chemical
reaction, that cause or will cause odorous matter or vapor to be generated
so as to be readily discernible without instruments from any point
along the boundaries of each lot.
(9)
Operation. All fabricating, manufacturing, or assembling
activities shall be conducted entirely within enclosed buildings.
F.
Lot and building requirements.
(1)
Lot and building requirements in the M-1 Light Manufacturing
Zone shall be as follows:
G.
Signs.
(1)
Permitted signs in the Light Manufacturing Zone shall
be as follows:
(a)
Signs for advertising industrial activities
on the premises, which shall not exceed, in aggregate, 15% of the
area of the front facade of the building, and further provided that
not more than 25% of the allowable sign area shall be located within
the required front yard area. Such signs may be illuminated but shall
not be of the flashing type.
(b)
One nonilluminated nameplate sign situated within
the property lines and not exceeding 72 square inches.
(c)
One temporary sign pertaining to the lease or
sale of the same lot or to the construction of the building on which
it is placed. Such sign shall be nonflashing, shall be situated within
the property lines of the premises to which it relates and shall not
exceed 25 square feet in total area.
(2)
Approval of signs. Before the erection of any sign
which exceeds 10 square feet in area, the location thereof shall be
approved by the Director of Public Safety of the Township of Elk,
who shall approve only those signs which do not constitute a traffic
or safety hazard along any highway.
I.
Loading and unloading space.
(1)
Every building housing an industrial use and having
a gross floor area of over 5,000 square feet shall be provided with
at least one truck standing, loading and unloading space on the premises,
not less than 12 feet in width, 25 feet in length and 14 feet in height.
One additional truck space of these dimensions shall be provided for
every additional 20,000 square feet or fraction thereof of gross floor
area in the building.
(2)
Access to loading and unloading spaces. Access to
a truck standing, loading and unloading space shall be provided directly
from a public street or alley or from any right-of-way that will not
interfere with public convenience and that will permit orderly and
safe movement of truck vehicles.
(3)
Additional parking space. Loading space as required
under this section shall be provided as area additional to off-street
parking space and shall not be considered as supplying off-street
parking space.
[Added 6-1-2017 by Ord.
No. O-2-2017]
[Added 6-21-2022 by Ord. No. O-3-2022]
A.
Purpose and intent. The purpose and intent of the Cannabis Establishment
Overlay Zone (CE) is to provide appropriate type of facility in appropriate
location within the Township while promoting economic growth that
will preserve and maintain health, safety and welfare of the Township
and its residents.
B.
Permitted uses in the CE District:
(1)
Cannabis establishments of Class 1 through 4 shall be permitted
in the Cannabis Establishment Overlay Zone.
C.
Prohibited uses in the CE District:
(1)
Cannabis establishments of Class 5 and 6 shall prohibited.
D.
General requirements:
(1)
All cannabis establishments located within the Township shall
meet all requirements for licensure and hold the appropriate license
issued by the Cannabis Regulatory Commission, Department of Treasury,
State of New Jersey.
(2)
All cannabis establishment operations shall be conducted within
a building. No operations shall be conducted outside.
(3)
No cannabis establishment shall permit on-site consumption of
cannabis or cannabis related products including no on-site sales and
consumption of alcohol or tobacco products.
(4)
No outside storage of any cannabis, cannabis products or cannabis
related materials shall be permitted.
(5)
For each cannabis establishment located within the Township,
a security plan to be approved by Elk Township Police Department shall
be provided to demonstrate how the facility will maintain effective
security and control of the operations. The plan should include the
following but not limited to:
(a)
Type of security systems to be installed.
(b)
Installation, operation and maintenance of security camera coverings
all interior and exterior parking lots, loading areas and other such
areas of the establishments.
(c)
Tracking and record keeping of products and materials.
(d)
Type of lighting provided in and around the establishments.
(e)
Location on site security team and armed guard on premises.
(6)
Building permit application requirements. Any application for
a building permit for a cannabis establishment use to be located in
this district shall be accompanied by:
(a)
A plot or site plan of the gross property, showing the location
of all present and proposed buildings, drives, parking lots, waste
disposal facilities, screening fences or walls and other constructional
features on the lot as well as streets, alleys, highways, streams
and other topographical features inside and outside of the lot and
within 200 feet of any lot line.
(b)
Plans and specifications bearing the seal of a registered architect
or engineer.
(c)
A description of the operations proposed, in sufficient detail
to indicate the effects of those operations in producing traffic congestion,
noise, glare, air pollution, water pollution, fire hazards or safety
hazards or the emission of any potentially harmful or obnoxious matter
or radiation.
(d)
Engineering and architectural plans for the treatment and disposal
of sewage and industrial waste, tailings or unusable by-products.
(e)
Engineering and architectural plans for the handling of any
excess traffic congestion, noise, glare, air pollution, water pollution,
fire hazard or harmful or obnoxious matter or radiation.
(f)
Designation of the fuel to be used and any necessary architectural
and engineering plans for controlling smoke and/or odor.
(g)
Security plan approved by the Elk Township Police Department.
(h)
Evidence of appropriate license issued by the Cannabis Regulatory
Commission, Department of Treasury, State of New Jersey.
(7)
Fire and explosive hazards. All activities and all storage of
flammable and explosive materials at any point shall be provided with
adequate safety devices against the hazards of fire and explosion,
and adequate fire-suppression equipment shall be installed and maintained
in an operable condition in accordance with the regulations of the
Fire Marshal's Office, Construction Official and the regulations of
applicable local, county, state, and federal agencies.
(8)
Electrical disturbance. No activity shall be permitted which
results in an electrical disturbance adversely affecting the operation
of any equipment beyond the building in which the disturbance is created.
(9)
Smoke, ash, dust, fume, vapor, gases and other forms of air
pollution. There shall be no emission at any point from any chimney
or otherwise which can cause damage to human health, to animals or
vegetation, or to other forms of property, or which will cause any
excessive soiling at any point.
(10)
Liquid and solid wastes. There shall be no discharge at any
point, into any private or public sewerage system, or into any stream,
or into the ground of any materials in such a way, or of such temperature,
as to contaminate or otherwise cause the emission of hazardous materials
except as regulated by applicable local, state, or federal agencies.
(11)
No activity or use shall produce a sound pressure level on adjacent
property in excess of the level permitted by the applicable laws of
the State of New Jersey, and regulations adopted by the NJDEP, and
as currently enforced by the Gloucester County Health Department or
any other duly authorized enforcement agency.
(12)
Vibration. No activity or operation shall produce at any point
along the lot line continuous earth home vibrations greater than the
maximum displacement as permitted in the following table.
|
Frequency
(Cycles per second)
|
Residential District Displacement
(in inches)
|
Nonresidential District Displacement
(in inches)
| |
|---|---|---|---|
|
Less than
|
Greater than or equal to
| ||
|
0
|
10
|
0.0004
|
0.0020
|
|
10
|
20
|
0.0002
|
0.0010
|
|
20
|
30
|
0.0001
|
0.0006
|
|
30
|
40
|
0.0001
|
0.0004
|
|
40
|
50
|
0.0001
|
0.0003
|
|
50
|
—
|
0.0001
|
0.0002
|
(13)
Glare. No activity or use shall produce a strong, dazzling light
or reflection of same beyond its lot lines. Exterior lighting shall
be shielded, buffered and directed so that glare, direct light, or
reflection will not be a nuisance to adjoining properties, dwellings,
streets, districts, or from adjacent buildings within an industrial
park. In no event shall a lighting intensity greater than 0.125 footcandle,
measured at grade, be permitted beyond the subject lot lines.
(14)
Odor. No operation shall release materials capable of becoming
odorous, either by bacterial decomposition or chemical reaction, that
cause or will cause odorous matter or vapor to be generated so as
to be readily discernible without instruments from any point along
the boundaries of each lot.
E.
Lot and building requirements.
(1)
No cannabis establishments shall be located within 500 feet
of an existing house of worship, school, or day care as measured from
the property lines.
(2)
Lot and building requirements in the CE Cannabis Establishment
Overlay Zone shall be as follows:
(a)
Minimum lot area: five acres.
(b)
Minimum lot frontage: 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Maximum building coverage: 20%.
(e)
Front yard: 100 feet.
(f)
Side yard, each: 50 feet.
(g)
Rear yard, each: 75 feet.
(h)
Front yard of corner lot: 75 feet.
(j)
Perimeter buffer. All cannabis establishments shall have a 100-foot
vegetated buffer provided along the perimeter of the entire the site
except at site entrances/exits. The required buffer shall be vegetated
by either retaining the buffer as a naturally wooded area or the planting
of a double row of six-foot-tall to eight-foot-tall evergreen trees,
spaced at six feet on center, or other form of vegetative buffer acceptable
to the Township's Land Use Board. The required buffer strip area shall
be included in measurements for establishing minimum lot areas. However,
the respective buffer strip shall be excluded in measurements for
establishing lot width and depth, and all setback requirements stipulated
by ordinance. Building setback and all lot measurements shall start
at and extend into the lot from the boundary of said buffers. Said
buffer strip for each lot shall be defined by a metes and bounds description
included in the lot's deed, and also restricted by deed and by final
subdivision plat against construction of any buildings or structures
other than fences, walls or drainage facilities and against removal
of any screen of trees or hedges.
F.
Parking.
(1)
Each cannabis establishment shall comply with the following
parking schedule which shall be used to calculate the required number
of off-street parking spaces per use. Where the calculation results
in a fraction of a space, the required number of parking spaces shall
be rounded to the nearest whole number.
(a)
Cannabis cultivator - one per every 1,000 square feet of gross
floor area or one per two employees at maximum shift, except that
there shall be no fewer than four spaces.
(b)
Cannabis distributor - one per every 1,000 square feet of gross
floor area, except that there shall be no fewer than four spaces.
(c)
Cannabis manufacturer - one per every 1,000 square feet of gross
floor area or one per two employees at maximum shift, except that
there shall be no fewer than four spaces.
(d)
Cannabis wholesaler - one per every 1,000 square feet of gross
floor area, except that there shall be no fewer than four spaces.
G.
Loading and unloading space.
(1)
Every building housing a cannabis establishment shall be provided
with at least one truck standing, loading and unloading space on the
premises, not less than 12 feet in width, 25 feet in length and 14
feet in height. One additional truck space of these dimensions shall
be provided for every additional 20,000 square feet or fraction thereof
of gross floor area in the building.
(2)
Access to loading and unloading spaces. Access to a truck standing,
loading and unloading space shall be provided directly from a public
street or alley or from any right-of-way that will not interfere with
public convenience and that will permit orderly and safe movement
of truck vehicles.
(3)
Additional parking space. Loading space as required under this
section shall be provided as area additional to off-street parking
space and shall not be considered as supplying off-street parking
space.
A.
Home occupations, provided that the sum of all such
uses in a dwellings complies with the following standards:
(1)
The home occupation may not employ more than one person
who is not a member of the household residing in the dwelling.
(2)
The home occupation shall primarily be conducted by
mail, computer media, or via the telephone so that it will not generate
traffic caused by clients or customers visiting the dwelling.
(3)
The residential exterior appearance of the structure
shall not be altered.
(4)
Not more than 20% of the total floor area of the dwelling
may be devoted to the home occupation use.
(5)
There shall be no outdoor storage or display of materials,
products or equipment.
(6)
One off-street parking space must be provided in addition
to those required for the dwelling if a nonresident person is employed
in conjunction with the home occupation use.
B.
Institutional uses such as churches, clubs and similar
uses.
(1)
The use occurs on a lot of two acres or more in area.
(2)
Each lot used for this purpose shall have a minimum
street frontage and lot width of 200 feet.
(3)
No structure shall be provided within 75 feet of a
public street or property line.
(4)
The maximum permitted building coverage shall not
exceed 20%.
(5)
The maximum permitted impervious coverage shall not
exceed 50%.
(6)
The 25 feet closest to the property line or the public
street shall be bermed and landscaped so as to screen the use from
view.
(7)
The maximum height of any structure shall not exceed
35 feet except that a steeple may extend to a height of 60 feet.
(8)
Off-street parking shall be provided in a side or
rear yard.
C.
Whenever the Reviewing Board is petitioned to approve
siting of any antennas, antenna support structures, or alternative
antenna support structures, or to consider any variance from the requirements
of this chapter, the following shall be considered:
[Added 4-3-2003 by Ord. No. O-2003-3]
(1)
Siting of any antenna, antenna array, equipment enclosure,
or the use of any alternative antenna support structure shall be prohibited
in all residential districts.
(2)
Siting of any antenna, antenna array, equipment enclosure,
or the use of any alternative antenna support structure shall be a
conditional use in any nonresidential district. The following criteria
shall be considered during review:
(a)
The existence of other antenna support structures
and alternative antenna support structures that can accommodate the
needs of a wireless communications service provider.
(b)
The height of any proposed antenna support structure.
(c)
The proximity of any proposed antenna support
structure to residential structures and residential use district boundaries.
(d)
The nature of uses on adjacent property.
(e)
The surrounding topography.
(f)
The existing or proposed tree coverage and foliage.
(g)
The design of the proposed antenna support structure,
with particular reference to design characteristics that have the
effect of reducing or eliminating visual obtrusiveness.
(h)
Proposed ingress and egress.
(i)
The availability of suitable existing antenna
support structures for use as colocations.
(3)
In granting any approval, the Board may require the
applicant to comply with any reasonable conditions that it deems necessary
or desirable, in its sole judgement, to minimize the impact or effect
of any antenna, antenna array, equipment enclosure, or the use of
any alternative antenna support structure, on the area in which it
is sought to be installed, constructed, or erected, or used, by requiring
fencing, painting, coloring, blending, disguising, camouflaging, relocating
facilities on a site, or other measures that the Board deems appropriate,
including special construction and design.
(4)
An administrative approval may be granted for the
addition of new antennas and associated equipment upon an existing
telecommunication tower or site.
D.
Temporary sales offices within a residential subdivision.
In keeping with the New Jersey Municipal Land Use Law, a residential
subdivision may have a sales office within a model home or trailer
located within that residential subdivision. This sales office shall
be a conditional accessory use to the construction of the residential
subdivision and may be established only under the following conditions:
[Added 11-20-2007 by Ord. No. O-2007-16]
(1)
The sales office situate within a residential subdivision
shall be permitted to exist only during the period necessary for the
sale of the lots in the residential subdivision being constructed
at that location.
(2)
Only sales of the lots in the residential subdivision
being constructed at that location may be conducted from the sales
trailer or model home located within that residential subdivision.
No other sales of any nature or of any other lots located outside
the boundaries of the specific residential subdivision being constructed
at that location shall occur from this sales office, as any such additional
sales would be a commercial use in a residential district.
(3)
If the sales office is in a freestanding structure
or trailer, as opposed to a model home, the use of the freestanding
structure or trailer as a sales office shall be discontinued one year
from the date of the issuance of the first building permit or after
the issuance of the first certificate of occupancy for the development,
whichever event occurs first. It is the intention of this subsection
that the sales office be moved into a model home at that time. Thereafter,
the structure may be utilized as a construction trailer for the development
occurring on that site, provided that there are no other construction
trailers in use at that time on that site. If it does not qualify
as a construction trailer, the trailer must be removed and the site
restored to the satisfaction of the Township Engineer.
(4)
The obligation of the developer to remove the temporary
sales trailer, sales office or construction trailer and restore the
land shall be secured by a performance bond. The amount of the bond
must be established in consultation with the Planning Board Engineer,
and the form of the bond must be acceptable to the Township Solicitor.
The performance bonds for the construction of the development shall
not be released until this removal and restoration is accomplished
to the satisfaction of the Township Engineer.
(5)
A site plan for the erection of the sales office must
be submitted at the time of the application for preliminary subdivision
approval and shall be reviewed and approved by the Planning Board.
The lot which contains the sales office must be properly buffered
with landscaping, and the site shall be designed to promote safety.
This will include but not be limited to issues of parking, lighting,
handicap accessibility and utilities.
(6)
Design standards:
(a)
The yard dimensions, setbacks and height limitations
shall be the same standards as those required for a residential dwelling
in the zone district.
(b)
Sales offices shall have adequate parking to
accommodate both employees on the site and the anticipated customer
base. There shall be one parking space for each salesperson plus a
minimum of five additional spaces. There shall be a minimum of one
handicap parking stall. Nonhandicap parking stalls shall be nine feet
by 18 feet.
(c)
Driveways for the office shall be designed with
a minimum width to permit one-way flow with a turnaround at the end.
(d)
Parking lots and drive isles shall be paved
with two inches of top course over base.
(e)
Exterior lighting shall be provided for safety
by way of a wall-mounted fixture to the front of the sales trailer
or office unless the size of the parking area would necessitate a
pole-mounted fixture to provide adequate lighting for safety.
(f)
Utilities shall be provided on a temporary basis
unless there is access to public water and sewer. Absent public utilities,
a holding tank for sewer and a portable water supply may be employed.
(g)
If a trailer is utilized for the sales office,
it must be installed at grade so that there is no visible evidence
of the substructure. The site shall be landscaped utilizing lawn or
grass areas and shrubbery shall be installed to beautify the site.
The Planning Board shall review the landscape plan with the applicant
at the time of the review of the application.
(h)
Sidewalks or paved pathways shall be required
for pedestrian safety.
(i)
A freestanding monument sign to identify the
sales office may be installed on the lot containing the sales office.
The sign must be located in a manner that will not impede traffic
or sight triangles. The sign copy may include the name of the developer
and development and the words "sales office." The sign may not exceed
six square feet in area and the height may not exceed four feet. A
placard sign not to exceed three square feet may be placed on the
sales office facade to identify the entrance.
(7)
The applicant shall post inspection escrows as required
by the Planning Board and Township ordinance.
E.
Campgrounds
for temporary accommodations in accordance with the following standards:
[Added 4-1-2010 by Ord. No. O-2010-5]
(1)
The minimum tract area for a campground is 19 acres. The tract may
consist of one or more separate tax lots, but all lots must be contiguous
and under common ownership.
(2)
The density of campsites shall not exceed 20 campsites per gross
acre, and the number of persons permitted to camp at the campground
shall not exceed 100 persons per gross acre.
(a)
Each campsite shall consist of a minimum of 900 square feet
including the parking space.
(3)
Internal roadways within campgrounds shall be properly graded and
drained so as not to permit the collection of standing water, potholes,
mudholes, obstructions, hazards and limitations to visibility. The
minimum width for any one-way drives shall be 10 feet, and for two-way
drives, 24 feet. Adequate space shall be provided for parking and
maneuvering of camping units and emergency vehicles. The minimum overhead
clearance on access roads shall be 15 feet to permit maneuvering of
emergency vehicles. Entrance roads and roads providing access to the
general public shall be paved with a minimum of six inches of compacted
gravel and two inches of FABC or crushed stone.
(4)
Adequate space must be provided for the parking of vehicles for employees,
campers and other visitors within the premises and not within the
public right-of-way and not within required buffer areas.
(5)
Sewage, solid waste and water disposal shall be provided in accordance
with existing local, county and state health regulations. Adequate
rest room and shower facilities shall be provided.
(6)
Electric, gas and other utilities shall be provided in conformity
with all state, county and local safety and construction codes. All
electric, gas and telephone transmission lines shall be installed
underground.
(7)
A minimum of 25% of the total acreage of all campgrounds shall be
reserved as open space on which campsites shall not be permitted.
At least 10% of the total acreage of all campgrounds shall be devoted
to active or passive recreational uses. Such recreational areas shall
be considered part of the open space requirements. Recreational open
space may contain structures used for or related to recreational activities
such as pavilions, picnic areas, playgrounds, swimming pools, lakes,
athletic fields, trails, bike paths, bridle paths, cultural, historic
and ecological displays and activities and other spaces, buildings
or structures designed primarily for educational, recreational, physical
and amusement activities, provided that they are clearly accessory
to the campground, primarily serve the needs of those persons using
the campsites and are in use only during those times when the campground
is open.
(8)
A minimum buffer area of 25 feet shall be provided around the entire
perimeter of all campgrounds. A vegetative buffer including evergreens
spaced to provide a year-round buffer or a six-foot-high privacy fence
shall be provided in the buffer area along adjoining properties unless
adequate natural screening already exists within the twenty-five-foot
buffer area.
(9)
No campsite, recreation area or other campground facility or structure,
except for roadways or drives giving access to public roadways, shall
be located less than 100 feet from the edge of any public right-of-way.
(11)
Campgrounds may be open for camping from March 15 through November 30 of each year, except that a maximum of 20% of the total sites of a campground may be equipped and available for year-round use, provided that such sites are leased only in accordance with the provisions of §§ 50-8 and 50-11 and that persons using such sites must provide the campground owner with a permanent address at which they reside and sign a certification that the permanent address provided is their correct permanent address and will remain so during the time that they use the campsite.
F.
Adult bookstores
in the Light Manufacturing (M-1) District.
[Added 4-1-2010 by Ord.
No. O-2010-7]
(1)
Pursuant
to N.J.S.A. 2C:34-7, no establishment shall be located closer than
1,000 feet to any school, bus stop, hospital, church, synagogue, temple
or other place of worship, library, park, playground or public building.
(2)
Pursuant
to N.J.S.A. 2C:34-7, no establishment shall be located closer than
1,000 feet to any similar type use.
(3)
Pursuant
to N.J.S.A. 2C:34-7, no establishment shall be located closer than
1,000 feet to an area zoned residential, commercial-neighborhood or
mixed-use development.
(4)
When
any existing building is converted from any use to said establishments,
a full and complete site plan shall be submitted and reviewed in accordance
with the provisions of this chapter.
(5)
An
establishment shall only be located in a freestanding commercial building.
G.
Body art
studios in the Light Manufacturing (M-1) District.
[Added 4-1-2010 by Ord.
No. O-2010-7]
H.
Commercial
solar energy facilities. The purpose of this subsection is to provide
flexibility within specified zoning districts to permit commercial
solar energy systems as a principal use on properties meeting the
criteria set forth below. "Solar or photovoltaic energy facility or
structure" has been defined in the New Jersey Municipal Land Use Law[2] as an inherently beneficial use and the Township concurs that the provision of electricity generated at a renewable energy facility will benefit the community by promoting the public health, safety, and general welfare, as long as the facility will not negatively impact upon the Township’s other goals and objectives. The conditional use requirements for commercial solar energy facilities are intended to apply where the solar energy system will be a principal use. For renewable energy facilities as an accessory use, see § 96-80.2.
[Added 6-3-2010 by Ord. No. O-2010-35]
(2)
Agriculture retention.
(a)
Commercial solar energy facilities as a principal use are not an agricultural use. Solar energy systems are permitted in conjunction with preserved and commercial farms in accordance with § 96-80.2.
(b)
It is the Township's intention to support the retention of the
productive, active agricultural land base. Commercial solar energy
facilities are not permitted within the Township's two farmland preservation
project areas on prime soils or soils of statewide importance as shown
in the Township's Farmland Preservation Plan, Maps No. 1 and No. 7.
To the extent possible, it is the Township's intent to maintain this
valuable farmland as an unfragmented agricultural production area.
(3)
Requirements for solar energy systems and commercial operations.
(a)
Commercial solar energy systems shall require a minor site plan
approval if the gross area of ground-mounted systems, including the
aggregate area of multiple systems, consists of 5,000 square feet
or less, and major site plan approval if the proposal consists of
5,000 square feet or more of disturbance. The site plan must show
the location of any proposed or existing substation, inverter, transformer,
or overhead transmission lines.
(b)
The solar energy system equipment may be located outside as
necessary for the function of the system and is not limited by the
requirements of the underlying zoning districts limiting outdoor storage.
(c)
Agricultural buffers must be maintained where required in accordance with § 96-47.1. However, for equipment and nonbuilding structures the agricultural buffer and the setbacks need not be aggregated. Rather the greater of the setbacks applies. For example, if the agricultural buffer required is 100 feet and the setback is 50 feet, the required setback is 100 feet.
(d)
(e)
The maximum permitted height for ground arrays is 12 feet.
(f)
Office and storage buildings and equipment cabinets are permitted as accessory to a solar energy commercial operation in accordance with the setbacks in Subsection H(3)(d)[1] above and the requirements of the M-1 Zoning District.
(g)
To the extent practical, the solar panels must be sited to minimize
the need to remove trees or other natural features from setback areas
unless acceptable replacement buffering is provided. Trees within
50 feet of the property line must be maintained as a buffer. Trees
proposed for removal in order to maximize the productivity and efficiency
of the solar energy system must be identified on the site plan. Trees
may not be removed from wetlands or required wetland buffer areas
unless a tree replacement plan or buffer averaging plan is approved
by the NJDEP.
(h)
Ground-mounted systems shall be screened from view with an opaque
visual screen containing a combination of plantings, a fence and/or
earthen berm, which must be approved at the time of site plan approval.
Evergreen trees shall be a minimum of six feet at the time of planting
and deciduous trees shall be a minimum caliper of 2.5 inches. The
screened buffer area shall be a minimum of 30 feet in width to adjacent
residential properties and 20 feet in width between nonresidential
properties and public roads. In addition to the perimeter screening
standards, substations shall be screened with a double row of evergreen
plantings with a minimum height of eight feet. Existing vegetation
shall be retained to the extent practical to provide the required
opaque visual screen.
(i)
Solar energy systems equipment shall not be counted in the calculation
of maximum lot coverage or maximum impervious cover, unless the area
under the system (excluding the footings) consists of an impervious
material, such as pavement. Nevertheless, the design of the systems
and the accessory structures and other improvements (driveways, etc.)
shall comply with all Township stormwater, grading, and soil disturbance
regulations.
(j)
The applicant must submit a narrative with the site plan application
explaining:
[1]
How the facility will operate.
[2]
The intended consumers of the electricity produced.
[3]
The anticipated number of employees at the site and the anticipated
vehicle traffic.
[4]
Description of how the energy generated by the facility will
be transmitted to the larger electrical distribution system.
[5]
The type of solar or photovoltaic panels proposed. If needed,
measures must be taken to prevent glare onto nearby residences or
businesses.
(k)
One off-street parking space is required for each employee anticipated
during the busiest shift, plus two visitor spaces.
(l)
The installation shall conform to the National Electrical Code
and the International Building Code, New Jersey edition, as adopted
by the New Jersey Department of Community Affairs (DCA).
(m)
All exterior electrical lines must be placed in a conduit pursuant
to the National Electrical Code except for such portion of lines that
are connecting or will connect to overhead wires for the use of electricity
off site; and, except to such portion of lines that are connecting
or will connect to overhead wires for use of electricity off site,
exterior electrical lines shall be buried below the surface of the
ground where needed in order to comply with the National Electrical
Code or standards or regulations promulgated by DCA or the New Jersey
Board of Public Utilities.
(n)
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
(o)
The solar energy system shall not be used for displaying advertisements
for any product or service, except for the reasonable identification
of the manufacturer or operator of the system.
(p)
Upon abandonment of the solar energy system and related equipment,
the system and equipment shall be removed. The system and equipment
shall be deemed abandoned when they are out of service for more than
12 continuous months. The abandoned system shall be removed at the
owner's expense.
(4)
Applicants are encouraged to enter into solar easements with neighboring
property owners in order to ensure continuing access to sunlight for
a solar or photovoltaic system.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 4-3-2003 by Ord. No. O-2003-3; amended 8-3-2006 by Ord. No. O-2006-2; 6-7-2007 by Ord. No. O-2007-7]
The following supplemental and general regulations
regarding accessory buildings and structures shall be observed in
all residential districts and where a residential dwelling preexists
in a nonresidential district except as noted herein:
A.
Residential. The following supplemental and general
regulations regarding accessory buildings and structures shall be
observed in all residential districts and where a residential dwelling
preexists in a nonresidential district except as noted herein:
(1)
Each existing residential property consisting of less
than 25,000 square feet may have a maximum of one detached garage
or similar accessory structure not to exceed 600 square feet.
(2)
Each residential property ranging from 25,000 square
feet to three acres may have a maximum of one detached garage or similar
accessory structure not to exceed 900 square feet.
[Amended 11-3-2022 by Ord. No. O-8-2022]
(3)
Each residential property three acres or greater may
have a maximum of one detached garage or similar accessory structure
not to exceed 2,400 square feet.
[Amended 11-3-2022 by Ord. No. O-8-2022]
(4)
Each residential property may also have one additional
accessory structure/shed not to exceed 200 square feet.
(5)
Accessory structures 200 square feet or less must
be set back from the side and rear property lines a minimum of five
feet for lots under 12,000 square feet (mainly existing lots in the
MD Zone) and a minimum of 10 feet for lots 12,000 square feet and
above.
(6)
Accessory structures between 200 square feet and 2,399
square feet must meet the side and rear yard setbacks for the zoning
district, and any accessory structure 2,400 feet or more shall have
a side and rear yard setback of at least 50 feet.
[Amended 11-3-2022 by Ord. No. O-8-2022]
(8)
Accessory structures are not permitted in any front
yard.
(9)
Where two or more principal structures exist on a
lot as a preexisting nonconformity, accessory structures may only
be located in the area beginning at least five feet behind the front
building line of the principal structure with the furthest front yard
setback.
(10)
Accessory structures shall not be used for living
quarters or to conduct business unless a variance is specifically
approved by the Zoning Board.
(11)
Accessory structures must be separated from
each other and the principal structure by a minimum of 15 feet. A
covered walkway without walls is permitted, but will be included in
the impervious coverage ratio calculation and must be accounted for
in the grading plan.
(12)
No accessory building height shall exceed 25
feet in height or one story (with loft storage), whichever is less.
(13)
Applicants for accessory structures over 600
square feet must submit a grading plan with the building permit application
demonstrating that the proposal will not have a negative drainage
impact on surrounding properties and showing any proposed measures
to mitigate increased run-off, in accordance with Ordinance Number
O-2006-8.
(15)
The combination of principal and accessory structures
on any lot may not exceed the maximum building coverage for the zone.
B.
Farm uses. The following supplemental and general
regulations regarding accessory buildings and structures shall be
observed on all qualified farms where an agricultural operation is
active and where the proposed building is to support the agricultural
use:
(1)
There is no limit on the number of agricultural/farm
buildings as long as they are related to agricultural production or
generally accepted agricultural management practices.
(2)
Farm buildings/structures must meet the yard requirements
of the particular zone except as specifically noted herein.
(3)
Buildings that will house processing or packing operations
must be set back a minimum of 50 feet from the property line and may
not be located within the front yard area.
(4)
Composting areas must be set back a minimum of 30
feet from the property line and may not be located within the front
yard area.
(5)
Large animal shelters must be set back a minimum of
75 feet from the property line.
(6)
Greenhouses must conform to the standards set forth
in the Agricultural Management Practices for Farm Markets document
produced by the NJ Department of Agriculture.
[Added 8-3-2006 by Ord. No. O-2006-2]
A.
A fence or fencing shall be defined as any wood, masonry,
or metal structure(s) or any wall or hedge constructed on the front,
side or rear yard and designed to shield, screen or protect a lot(s)
or a portion of a lot(s).
B.
Fences may be erected, altered or reconstructed to
a height not to exceed four feet above ground level when located within
the front yard area and to a height not to exceed six feet above ground
level when located in the side or rear yard.
C.
The foregoing restrictions shall not be applied so
as to prevent the erection of an open wire fence not exceeding eight
feet above ground level anywhere within a public park, public playground,
school premises, or commercial zone.
D.
All fences must be erected within the property lines
and no fences shall be erected so as to encroach upon adjacent properties
or public rights-of-way. Fence gates shall be designed to prevent
the open swing of the gate from encroaching upon adjacent properties
or public rights-of-way.
E.
All fences shall be constructed with the face, or
finished side, away from the property and the structural side toward
the interior of the lot(s) on which it is erected.
F.
All fencing shall be in conformance with the requirements
for visibility at intersections.
G.
Living fences, hedges or screen plantings shall be
planted no closer than three feet to a property line and shall be
maintained in a neatly trimmed condition on the property so planted.
H.
All fences and walls shall be maintained in a safe,
sound and upright condition.
I.
Fences which are painted shall be painted in only
one color, compatible with the color of the principal building. Multicolored
fences are prohibited.
J.
If the Zoning Officer, upon inspection, determines
that any fence or portion thereof is not being maintained in a safe,
sound or upright condition, he shall notify the owner of such fence
in writing of his findings and state briefly the reasons for such
findings and order such fence repaired or removed within 30 days of
the date of the written notice.
K.
Fencing may not be erected in any yard if it acts
to inhibit access to Township fire, police and emergency medical services.
L.
These restrictions shall not be applied so as to restrict
the erection of a wall for the purpose of retaining earth.
M.
These restrictions shall not be applied so as to restrict
the erection, alteration or reconstruction of fences used in connection
with farms and farm operations except insofar as such fences might
affect the public safety.
N.
Temporary fences such as snow fences, expandable fences,
collapsible fences, canvas, and cloth fences may be permitted upon
a determination by the Zoning Officer that such fencing is necessary
to inhibit the dispersal of airborne material during construction
activity.
O.
The following fences are prohibited in all residential districts except when constructed as per Subsection M above: barbed wire, razor wire, electric and other similar-type fences.
P.
No fence
shall be erected without first obtaining a fence permit from the Zoning
Officer. Permit applications for fences shall be accompanied by a
plan, drawn to scale, showing details of the fence and its proposed
location on the property or lot. The fee for a fence permit shall
be $50.
[Added 8-4-2011 by Ord. No. O-11-2011]
[Added 4-1-2010 by Ord.
No. O-2010-9; amended 8-5-2010 by Ord. No. O-2010-41]
A.
The primary purpose of a small wind or solar energy system will be
to provide power to the principal use of the property whereon said
system is to be located, and the primary purpose of a small wind or
solar energy system shall not be for the generation of power for sale,
although this provision shall not be interpreted to prohibit the sale
of excess power generated from time to time from a wind or solar energy
system designed to meet the energy needs of the principal use. For
the purposes of this section, the sale of excess power shall be limited
so that in no event an energy system is generating more energy for
sale than what is otherwise necessary to power the principal use(s)
on the property.
B.
Wind and solar energy systems shall only be permitted as an accessory
use on the same lot or tract of land as the principal use. All energy
systems require approval from the Zoning Officer and construction
office prior to installation. Applications for an energy system shall
include information demonstrating compliance with the provisions of
this section. In the event that the Zoning Officer or Construction
Officer does not believe that the provisions of this section will
be satisfied, an applicant may apply to the Land Use Board for a variance.
C.
All applications for small wind energy systems shall be presented
to the Planning Board for approval.
(1)
Site plan approval. Site plan approval is required for the installation
of a small wind energy system.
(2)
Documents. In addition to other normally required application
materials for site plan and conditional use applications, the site
plan application shall be accompanied by a plot plan which includes
the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing structures on the
property;
(c)
Location of the proposed small wind energy system tower;
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
The location of overhead utility lines;
(f)
Small wind energy system specifications, including manufacturer
and model, rotor diameter, tower height, tower type (freestanding
or guyed);
(g)
Tower and tower foundation drawings signed and sealed by a professional
engineer licensed in the State of New Jersey;
(h)
Sound level analysis prepared by the wind turbine manufacturer
or qualified engineer including noise levels of the proposed wind
energy system at all property lines and the closest neighboring inhabited
dwelling.
(i)
A visual analysis must be submitted, including photos of the
subject property, that graphically simulates the appearance of any
proposed small wind energy system and indicating its view from at
least five locations around and within one mile of the proposed tower.
(j)
A report from a structural engineer containing the following:
a description of the tower, including a description of the design
characteristics and material; and documentation to establish that
the tower has sufficient structural integrity for the proposed uses
at the proposed location and meets the applicable minimum safety requirements.
The applicant shall provide evidence that the proposed tower height
does not exceed the height recommended by the manufacturer for the
wind turbine. Every two years the owner shall submit a structural
report to the Construction Department attesting to the structural
integrity of the tower and/or support system.
D.
All ground-mounted solar systems with a gross area of 600 square
feet or greater shall require minor site plan approval prior to obtaining
a zoning permit.
(1)
The applications shall include the location of proposed and
existing overhead utility lines.
(2)
The location of any proposed or existing substation, inverter
or transformer.
(3)
A description of how the energy generated by the facility will
be transmitted to the larger electrical distribution system.
(4)
Applicants are encouraged to enter into solar access easements
with neighboring property owners in order to ensure continuing access
to sunlight for a solar or photovoltaic system if the proximity to
the neighboring property necessitates such assurances.
E.
Wind and solar energy systems are permitted on preserved and unpreserved
farms in accordance with P.L. 2009, Chapter 213,[1] which permits solar and wind generation facilities, structures
and equipment on the farm or within the exception area on a preserved
farm, for the purpose of generating power or heat. Prior to installing
or constructing renewable energy facilities, the owner of a farm must
apply to Elk Township for a zoning permit and must apply to the New
Jersey Department of Agriculture as required by § 5 of P.L.
2009 c. 213.[2]
(1)
For preserved farms the following standards apply:
(a)
The wind and solar energy systems may not interfere significantly
with the use of the land for agricultural or horticultural production.
(b)
The wind and solar energy systems must be owned by the landowner
or will be owned by the landowner upon the conclusion of a term of
agreement with the installer of the renewable energy system.
(c)
The wind and solar energy systems must be used to power or heat
the farm, and to reduce energy costs on the farm.
(d)
The energy generation capacity must be limited to the previous
calendar year's energy demand plus 10% or may be limited to occupy
no more than 1% of the area of the entire farm (including the preserved
and unpreserved areas). This does not include roof-mounted equipment
that was already in place at the time of the adoption of this section.
(e)
Energy produced may only be sold through net metering.
(f)
The landowner must seek and obtain approval of the State Agriculture
Development Committee before constructing, installing or operating
the wind or solar energy generation facilities, structures and equipment.
The landowner must provide Elk Township with a copy of the SADC approval.
(2)
For unpreserved commercial farms the following standards apply:
(a)
In addition to other activities protected by the right to farm,
a commercial farm that conforms to generally accepted agricultural
management practices may engage in the generation of power or heat
from biomass, solar or wind energy consistent with applicable laws
and the agricultural management practices adopted by the SADC.
(b)
The land used for the renewable energy system may be eligible
for farmland assessment if:
[1]
The property is part of an operating farm.
[2]
In the prior tax year the land used for the renewable energy
system was valued, assessed and taxed as agricultural or horticultural
land.
[3]
The power or heat generated is used to provide power or heat
to the farm or agricultural or horticultural operation supporting
the viability of the farm, though not necessarily exclusively.
[4]
The property owner has filed a conservation plan with the soil
conservation district to account for the aesthetic, impervious coverage
and environmental impacts of the renewable energy facilities and the
conservation plan has been approved by the district.
[5]
Where ground-mounted solar panels are installed, the property
under the solar panels is used to the greatest extent practicable
for the farming of shade crops or for pasture grazing.
[6]
The amount of acreage devoted to the structures needed for the
renewable energy facility does not exceed a ratio of one to five for
land devoted to renewable energy facilities and land devoted to agricultural
operations.
[7]
The renewable energy facilities are constructed or installed
on no more than 10 acres of the farmland for which the owner is applying
for valuation, assessment and taxation and no more than two megawatts
are generated on the 10 acres or less.
[8]
Income received for energy generated may not be considered income
for farmland assessment eligibility.
F.
Small wind energy systems.
(1)
Wind turbines are a permitted accessory use in all residential
and agricultural districts subject to the following requirements:
(a)
Minimum lot size: one acre provided the lot size and dimensions
are sufficient to meet the Township's setback requirements below.
(b)
Minimum setbacks. All wind turbines shall be set back from all
property lines a distance equal to 100% of the height of the structure,
including the blades.
(c)
Wind turbines shall not be permitted in any front yard.
(d)
Maximum height. Freestanding wind turbines shall not exceed
a height of 80 feet on lots between one acre and three acres. On lots
of three acres or more, a maximum height of 150 feet is permitted.
The maximum height shall include the height of the blades at its highest
point.
(e)
No more than one wind turbine shall be permitted per property,
unless the wind turbines are used to power a farm and more than one
is required.
(f)
Wind turbines shall not be permitted as a rooftop installation.
(g)
Wind turbines on residential properties shall have the nameplate
capacity of 100 kilowatts or less.
(2)
Wind turbines are a permitted accessory use in a nonresidential
zoning district subject to the bulk requirements for that district
and the following:
(a)
The maximum height for a wind turbine shall not exceed 150 feet,
including the height of the blades at its highest point.
(b)
Minimum setbacks. All wind turbines shall be set back from all
property lines a distance equal to 100% of the height of the structure
including the blades.
(c)
Wind turbines shall not be permitted in a front yard.
(d)
No more than one wind turbine shall be permitted per property.
(e)
Wind turbines shall not be permitted as a rooftop installation.
(3)
Noise. All wind energy systems shall comply with the following:
(a)
Between a residential use or zone sound levels of the wind energy
system shall not exceed 55 dBA at a common property line or 50 dBA
to the closest occupied structure.
(b)
In all other cases at a common property line sound levels of
the wind energy system shall not exceed 65 dBA.
(c)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
(4)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent overspeeding and excessive pressure on the
tower structure.
(5)
Wind energy systems shall not be artificially lighted, except
to the extent required by the FAA or other applicable authority.
(6)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(7)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
(8)
All moving parts of the wind energy system shall be a minimum
of 10 feet above ground level.
(9)
The blades on the wind energy system shall be constructed of
a corrosive-resistant material.
(10)
All guy wires or any part of the wind energy system shall be
located on the same lot as the energy system.
(11)
The wind energy generation equipment must be painted or finished
to minimize visual impact. Neutral colors are required such as white,
grey or beige.
G.
Solar energy systems.
(1)
Solar panels shall be permitted as a rooftop installation in
any zoning district. The solar panels shall not exceed a height of
eight inches from the rooftop. In no event shall the placement of
the solar panels result in a total height including building and panels
than what is permitted in the zoning district which they are located
for the principal building.
(2)
Solar panels shall be permitted as ground arrays in accordance
with the following:
(a)
All ground arrays shall be set back a minimum distance of 20
feet from all property lines in a residential zoning district or in
conformance with the bulk standards for accessory structures in commercial
districts as provided herein. Ground arrays shall not be permitted
within any required buffer area.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(d)
Ground arrays shall not exceed a height of 15 feet.
(3)
Ground arrays shall be situated on a property so as to minimize
the need to cut mature trees. No trees may be removed from required
buffer areas in order to provide solar access.
H.
Wind and solar energy systems shall not be used for displaying any
advertising except for reasonable identification of the manufacturer
or operator of the system. In no case shall any identification be
visible from a property line.
I.
The design of wind or solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment.
J.
The installation of a wind or solar energy system shall conform to
the National Electric Code as adopted by the New Jersey Department
of Community Affairs.
K.
The installation of a wind or solar energy system is subject to all
Atlantic City Electric Company requirements for interconnection.
L.
The height limitations of Chapter 96 shall not apply to wind and solar energy systems. Wind and solar energy systems shall conform to the height restrictions provided in this section.
M.
Abandonment.
(1)
A small wind energy system or solar energy system that is out
of service for a continuous twelve-month period will be deemed to
have been abandoned.
(2)
The Zoning Officer may issue a notice of abandonment to the
owner. The notice shall be sent via regular and certified mail, return
receipt requested, to the owner of record.
(3)
The landowner shall have 30 days to respond. If information
is provided demonstrating that the system has not been abandoned,
then the Zoning Officer shall withdraw the notice.
(4)
Any abandoned system shall be removed at the owner's sole expense
within six months after the owner receives the notice of abandonment
from the municipality. If the system is not removed within six months
of receipt of notice from the Township notifying the owner of such
abandonment, the Township may remove the system as set forth below.
(5)
When an owner of a wind or solar energy system has been notified
to remove same and has not done so six months after receiving said
notice, then the Township may remove such system and place a lien
upon the property for the cost of the removal. If removed by the owner,
a demolition permit shall be obtained and the facility shall be removed.
Upon removal, the site shall be cleaned, restored and revegetated
to blend with the existing surrounding vegetation at the time of abandonment.
[Added 4-3-2003 by Ord. No. O-2003-3]
A.
General.
(1)
The regulations of this section shall apply to all
open private recreational uses, including swimming pools, which require
the installation of permanent surfaces, either at ground level or
elevated.
(2)
Such uses are considered “structures”
for the purpose of permits and certain other regulations; however,
they are not counted as floor area in computing building coverage.
(3)
No such use shall be located in a front yard, except
that a basketball hoop on a pole must be located at least 10 feet
from the front property line. Additionally, no such use shall be located
less than 10 feet from any property line as measured from the edges
of any permanent surface, except that such a use may be located five
feet from a side or rear property line if a six-foot fence is erected
for at least 20 feet along that side or rear property line.
(4)
A basketball hoop or any other recreational use shall
not be located within a designated right-of-way. All such uses shall
be located completely upon private property.
(5)
No such use shall be constructed in the Township except
in accordance with a permit therefor previously secured from the Zoning
Officer. The application for said permit shall be accompanied by a
plan showing the size and location of any recreational facility and
its enclosure and such other information as may be necessary for the
Zoning Officer to determine whether said facility complies with the
requirements of this section.
(6)
Every tennis or paddle tennis court area shall be
completely enclosed by a metal chain link or mesh fence at least nine
feet in height but not in excess of 12 feet in height. Appropriate
fences for any other type of recreational use may be required at the
discretion of the Zoning Officer. The type, quality and method of
construction of any required fence shall be approved by the Construction
Officer with the intent that said fence shall act as a protection
to adjacent properties against interference from stray balls.
B.
Special regulations applicable to swimming pools and
man-made ponds.
(1)
No private residential swimming pool shall be constructed
or installed on any lot unless the lot contains a residential building.
Pools shall be located in rear yard areas only and shall occupy no
more than 75% of the yard area in which it is located. All swimming
pools used for bathing or swimming purposes in which water may collect
in excess of a depth of two feet shall be completely enclosed by a
fence. Swimming pools shall be located no less than 25 feet from any
property line as measured from the water line.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(2)
The type, quality and method of construction of any
required fence shall be approved by the Construction Officer with
the intent that it shall act as a safeguard and protection to children.
Such fence shall be at least four feet in height, but not in excess
of six feet, and nonremovable. Fences shall have self-locking and
self-closing gates and shall be such as to prevent unauthorized children
and stray animals from entering the pool area in accordance with the
requirements of the construction code. These requirements shall also
apply to soft-sided pools.
(3)
No swimming pool shall be constructed in the Township
except in accordance with a permit therefor previously secured from
the Zoning Officer, upon written application accompanied by a plan
showing the size, shape and location of the swimming pool and its
enclosure and such other information as may be necessary for the Zoning
Officer to determine whether the pool complies with the requirements
of this chapter.
(4)
No commercial swimming pool shall be constructed or
installed unless approved as part of a site plan approval. Commercial
swimming pools shall be classified into types in accordance with their
particular use and shall meet the appropriate design standards as
set forth by the National Swimming Pool Institute or the Swimming
Pool Code of New Jersey, whichever is more stringent.
[Added 10-1-2009 by O-2009-13]
A.
Introduction. This purpose of this document 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
IN-LAW SUITE
Definitions. The following adopted definitions are relevant, in addition to the definitions section in § 96-5C of the Elk 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.
A self-contained living area within the interior of a single-family
dwelling unit."
C.
Zoning requirements. Based upon the above definitions and the Township's
overall Master Plan, this section does not allow a dwelling unit or
apartment as an authorized use in any single-family zoning districts.
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,
through a doorway no less than 36 inches in width, 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, sitting area, 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 B 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 Combined Planning and
Zoning Board of Adjustment 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 boarding home
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 4-3-2003 by Ord. No. O-2003-3]
All uses not expressly permitted in this chapter
are prohibited. The following uses are specifically prohibited in
every district:
B.
Outdoor storage of any type shall not be permitted
unless such storage is a part of the normal operation of a permitted
use conducted on the premises subject to design and performance standards
for the prevailing district, and provided further that the following
requirements are conformed with:
(1)
All outdoor storage facilities shall be enclosed by
an opaque fence adequate to conceal the facilities from any adjacent
properties.
(2)
No materials or wastes shall be deposited upon a lot
in such form or manner that may be transferred off the lot by natural
causes or forces.
(3)
All material or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
be attractive to rodents or insects shall be stored outdoors only
in closed containers.
(4)
Flammable or explosive liquids, solids or gases shall
be permitted to be stored in aboveground storage tanks only if the
proposed use and structure meet the requirements of the Uniform Construction
Code (5:23 et seq.) and the Fire Code (5:18 et seq.), as used by Elk
Township officials. In addition, aboveground storage tanks are not
permitted in any front yard and shall be sufficiently buffered from
any adjoining use.
C.
Sanitary landfills.
D.
Resource extraction operations.
E.
Any use of a heavy industrial nature which is not
similar in character to those permitted in the M-1 or M-2 Manufacturing
Districts. Examples of such uses are power generation plants and the
manufacturing of automobiles, steel and similar products.
F.
Temporary structures shall be prohibited in all districts
unless specifically authorized by the Township Committee for emergency
purposes.
G.
Accessory structures over 200 square feet are prohibited
in the Mobile Home Park District (MHP).
I.
Adult bookstores
except as specifically permitted.
[Added 4-1-2010 by Ord.
No. O-2010-7]
J.
Body art
studios except as specifically permitted.
[Added 4-1-2010 by Ord.
No. O-2010-7]
