Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
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.
(f) 
The top of any excavation of slope shall be no closer than five feet to an adjoining property and shall not provide for water runoff to the adjoining property unless an agreement shall have been provided as indicated under Subsection M(5)(e).
(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.
[1] 
For lots separately handled for grading permits, an individual plan shall be filed for each lot.
[2] 
Unless all lots are intended to be completed at one time, individual lot permits shall be issued for each individual construction 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.
(1) 
Moderate Density Residential (MD).
(2) 
Low Density Residential (LD).
(3) 
Rural Residential (R).
(4) 
Rural Environmental Residential (RE).
(5) 
Mobile Home Park (MHP).
(6) 
Recreational Residential (RR).
(7) 
Commercial-Neighborhood (C-1).
(8) 
Commercial-Highway (C-2).
(9) 
Manufacturing-Light (M-1).[1]
[1]
Editor's Note: Former Subsection A(10), Manufacturing-Heavy, which immediately followed this item, was repealed 8-3-2006 by Ord. No. O-2006-2.
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.
(1) 
Planned unit development on minimum tracts of 150 acres and in accordance with Article X.
(2) 
Age-restricted communities on minimum tracts of 50 acres and in accordance with § 96-74.
(3) 
Institutional uses such as schools, religious uses, libraries and the like in accordance with § 96-79B.
(4) 
Home occupations in accordance with § 96-79A.
(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: 25,000 square feet.
[Amended 8-3-2006 by Ord. No. O-2006-2]
(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.
(3) 
Front yard.
(a) 
Minimum: 30 feet.
[Amended 6-3-2004 by Ord. No. O-2004-5; 5-5-2005 by Ord. No. O-2005-2]
(b) 
Average: 62 feet.
(4) 
Minimum rear yard: 35 feet.
(5) 
Side yards.
(a) 
Standard: 10 feet, one.
[Amended 10-4-2007 by Ord. No. O-2007-14]
(b) 
Standard: 25 feet, both.[2]
[2]
Editor's Note: Subsection D(5)(c), 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.
(6) 
Minimum width at building line.
(a) 
Standard: 85 feet.[3]
[3]
Editor's Note: Subsection D(6)(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.
(7) 
Minimum lot depth: 100 feet.
[Added 4-3-2003 by Ord. No. O-2003-3]
(8) 
Accessory uses/structures in accordance with the requirements of §§ 96-80 and 96-81.
[Added 4-3-2003 by Ord. No. O-2003-3][4]
[4]
Editor's Note: Former Subsection D(8)(a), which contained minimum setback requirements, added 8-3-2006 by Ord. No. O-2006-2, was repealed 6-7-2007 by Ord. No. O-2007-7.
(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]
(11) 
Maximum building coverage:
[Added 8-3-2006 by Ord. No. O-2006-2]
(a) 
Standard: 30%.
(12) 
Maximum total impervious coverage:
[Added 6-7-2007 by Ord. No. O-2007-7]
(a) 
Lots under 25,000 square feet (preexisting): 40%.
(b) 
Standard 25,000 square feet or greater: 35%.
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.
(2) 
Home occupations in accordance with § 96-79A.
(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.
(2) 
Minimum lot size.
(a) 
Standard: 40,000 square feet.
(b) 
Cluster: 25,000 square feet.
[Amended 2-3-2005 by Ord. No. 01-2005-1]
(3) 
Minimum front yard: 40 feet.
[Amended 4-3-2003 by Ord. No. O-2003-3]
(4) 
Minimum rear yard: 40 feet.
(5) 
Side yards.
(a) 
Standard and cluster: 10 feet, one.
(b) 
Standard: 50 feet, both.
(c) 
Cluster: 35 feet, both.
(6) 
Minimum width at building line.
(a) 
Standard: 150 feet.
(b) 
Cluster: 90 feet.
(7) 
Minimum lot depth: 200 feet.
[Added 4-3-2003 by Ord. No. O-2003-3]
(8) 
Accessory uses/structures in accordance with the requirements of § 96-80 and 96-81 and the following:
[Added 4-3-2003 by Ord. No. O-2003-3; amended 8-3-2006 by Ord. No. O-2006-2][1]
[1]
Editor's Note: Former Subsection D(8)(a), which contained minimum setback requirements, was repealed 6-7-2007 by Ord. No. O-2007-7.
(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: 135 feet.
(b) 
Cluster: 80 feet.
(10) 
Maximum height: 35 feet.
[Added 6-3-2004 by Ord. No. O-2004-5]
(11) 
Maximum building coverage:
[Added 8-3-2006 by Ord. No. O-2006-2; amended 6-7-2007 by Ord. No. O-2007-7]
(a) 
Standard: 20%.
(b) 
Cluster: 30%.
(12) 
Maximum total impervious coverage:
[Added 6-7-2007 by Ord. No. O-2007-7]
(a) 
Standard: 25%.
(b) 
Cluster: 35%.
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.
(2) 
Home occupations in accordance with § 96-79A.
(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.
(7) 
Commercial solar energy operations in accordance with § 96-79H.
[Added 6-3-2010 by Ord. No. O-2010-35]
D. 
Bulk regulations for single-family detached units.
(1) 
Maximum gross density: .5 units per acre.
(2) 
Minimum lot size.
(a) 
Standard: 80,000 square feet.
(b) 
Cluster: 25,000 square feet.
[Amended 2-3-2005 by Ord. No. 01-2005-1]
(3) 
Minimum front yard.
(a) 
Standard: 50 feet.
(b) 
Cluster: 50 feet.
(4) 
Minimum rear yard: 40 feet.
(5) 
Side yards.
(a) 
Standard and cluster: 20 feet, one.
(b) 
Standard: 50 feet, both.
(c) 
Cluster: 35 feet, both.
(6) 
Minimum width at building line.
(a) 
Standard: 150 feet.
(b) 
Cluster: 90 feet.
(7) 
Minimum lot depth: 200 feet.
[Added 4-3-2003 by Ord. No. O-2003-3]
(8) 
Accessory uses/structures in accordance with the requirements of § 96-80 and 96-81 and the following:
[Added 4-3-2003 by Ord. No. O-2003-3; amended 8-3-2006 by Ord. No. O-2006-2][1]
[1]
Editor's Note: Former Subsection D(8)(a), which contained minimum setback requirements, was repealed 6-7-2007 by Ord. No. O-2007-7.
(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: 135 feet.
(b) 
Cluster: 80 feet.
(10) 
Maximum height: 35 feet.
[Added 6-3-2004 by Ord. No. O-2004-5]
(11) 
Maximum building coverage:
[Added 8-3-2006 by Ord. No. O-2006-2; amended 6-7-2007 by Ord. No. O-2007-7]
(a) 
Standard: 15%.
(b) 
Cluster: 30%.
(12) 
Maximum total impervious coverage:
[Added 6-7-2007 by Ord. No. O-2007-7]
(a) 
Standard: 20%.
(b) 
Cluster: 35%.
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. 
Conditional uses.
(1) 
Institutional uses such as schools, religious uses, libraries and the like in accordance with § 96-79B.
(2) 
Home occupations in accordance with § 96-79A.
(3) 
Golf courses.
(4) 
Campgrounds in accordance with § 96-79E and Chapter 50.
[Added 4-1-2010 by Ord. No. O-2010-5]
(5) 
Commercial solar energy operations in accordance with § 96-79H.
[Added 6-3-2010 by Ord. No. O-2010-35]
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]
(2) 
Minimum lot size.
(a) 
Standard: 80,000 square feet.
(b) 
Cluster: 40,000 square feet.
[Amended 5-5-2005 by Ord. No. O-2005-2]
(3) 
Minimum front yard.
(a) 
Standard: 50 feet.
(b) 
Cluster: 50 feet.
(4) 
Minimum rear yard: 40 feet.
(5) 
Side yards.
(a) 
Standard and cluster: 20 feet, one.
(b) 
Standard and cluster: 50 feet, both.
(6) 
Minimum width at building line.
(a) 
Standard: 150 feet.
(b) 
Cluster: 100 feet.
(7) 
Minimum lot depth: 200 feet.
[Added 4-3-2003 by Ord. No. O-2003-3]
(8) 
Accessory uses/structures in accordance with the requirements of §§ 96-80 and 96-81 and the following:
[Added 4-3-2003 by Ord. No. O-2003-3; amended 8-3-2006 by Ord. No. O-2006-2][1]
[1]
Editor's Note: Former Subsection D(8)(a), which contained minimum setback requirements, was repealed 6-7-2007 by Ord. No. O-2007-7.
(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: 135 feet.
(b) 
Cluster: 80 feet.
(10) 
Maximum height: 35 feet.
[Added 6-3-2004 by Ord. No. O-2004-5]
(11) 
Maximum building coverage:
[Added 8-3-2006 by Ord. No. O-2006-2; amended 6-7-2007 by Ord. No. O-2007-7]
(a) 
Standard: 15%.
(b) 
Cluster: 20%.
(12) 
Maximum total impervious coverage:
[Added 6-7-2007 by Ord. No. O-2007-7]
(a) 
Standard: 20%.
(b) 
Cluster: 25%.
[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.
B. 
Permitted uses. The following uses are permitted in the LGO Lake Gilman Overlay:
(1) 
Single-family detached dwellings;
(2) 
Accessory uses customarily incidental and subordinate to the above such as sheds, garages, pools, small wind energy systems and the like.
C. 
Conditional uses.
(1) 
Home occupations in accordance with § 96-79A.
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]
[1]
Editor's Note: See Ch. 73A, Mobile Homes.
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%.
[4] 
Minimum yards.
[a] 
Front: 20 feet.
[b] 
Side: 5 feet with a fifteen-foot aggregate.
[c] 
Rear: 20 feet.
[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.
[1] 
Lot area minimum: 5,000 square feet.
[2] 
Maximum building coverage: 40%.
[3] 
Minimum yards.
[a] 
Front: 20 feet.
[b] 
Rear: 20 feet.
[4] 
Building spacing: 15 feet.
[5] 
Minimum lot width at building setback: 50 feet.
[6] 
Maximum building height: 2 1/2 stories, not to exceed 35 feet.
[7] 
Parking: two off-street spaces per dwelling unit.
(c) 
Single family detached: patio house.
[1] 
Lot area minimum: 4,000 square feet.
[2] 
Lot area average: 5,000 square feet.
[3] 
Minimum lot width at building setback: 45 feet.
[4] 
Parking: two off-street spaces per dwelling unit.
(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) 
Area restriction and regulations: single-family detached accessory uses.
[1] 
Minimum distance to side line: 10 feet.
[2] 
Minimum distance to rear line: 10 feet.
[3] 
Minimum distance to other building: 10 feet.
[4] 
Maximum height: 15 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.
(b) 
Accessory building.
[1] 
Minimum distance shall be as follows:
[a] 
To side line: 20 feet.
[b] 
To rear line: 20 feet.
[c] 
To other building: 20 feet.
[2] 
Maximum building coverage shall be as follows:
[a] 
Principal building: 25%.
[b] 
Accessory building: 5%.
(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.
[1]
Editor's Note: See also Subsection G(14), (15) and (16) for more regulations concerning signs in ARC developments.
(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.
(18) 
Off-street parking will be as provided for in Subsections D and G(10).
(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.
(d) 
Accessory structures intended to serve the general membership and located in common areas (for storage, restrooms, snack stands, etc.) may be larger, but accessory structures over 600 square feet in area require submission of a grading plan in accordance with § 96-66M.
(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.
(1) 
Facilities shall be provided to ensure the proper drainage of all surface waters in accordance with the Township's stormwater management ordinance and requirements.[1]
[1]
Editor's Note: See Ch. 86, Stormwater Control.
(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. 
Lot and building requirements. Lot and building requirements in the RR Recreational Residential Zone shall be as follows:
(1) 
Minimum tract area: five acres.
(2) 
Minimum tract frontage: 250 feet.
(3) 
Minimum tract depth: 250 feet.
(4) 
Maximum tract coverage of all buildings: 20%.
(5) 
Minimum required yard depths from street right-of-way and lot lines for principal buildings and detached accessory buildings.
(a) 
Front yard (each front): 50 feet.
(b) 
Side yard (each): 50 feet.
(c) 
Rear yard: 50 feet.
(d) 
Minimum distance between common area buildings: 20 feet.
(6) 
Maximum building height.
(a) 
Principal building: 25 feet.
(b) 
Detached accessory building for individual cottages: 15 feet.
(c) 
Detached accessory buildings to serve the general membership in common areas: 25 feet.
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.
G. 
Off-street parking. Off-street parking shall be as provided for in § 96-54 of this chapter.
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. 
Lot and building requirements for the C-1 (Commercial-Neighborhood) Zone shall be as follows:
(1) 
Minimum lot area: 30, 000 square feet.
(2) 
Minimum lot frontage: 150 feet.
(3) 
Minimum lot depth: 150 feet.
(4) 
Maximum building coverage: 20%.
(5) 
Minimum required yard depths from street right-of-way and lot lines for principal buildings and detached accessory buildings.
(a) 
Interior lots.
[1] 
Front yard: 50 feet.
[2] 
Side yard (each): 30 feet.
[3] 
Rear yard: 50 feet.
(b) 
Corner lots.
[1] 
Front yard: 50 feet.
[2] 
Side street side: 50 feet.
[3] 
Interior side: 30 feet.
[4] 
Rear yard: 50 feet.
(6) 
Maximum building height.
(a) 
Principal building: 35 feet.
(b) 
Detached accessory building: 15 feet.
D. 
Signs. Signs in the C-1 (Commercial-Neighborhood) Zone shall be as provided for in § 96-60.
E. 
Off-street parking. Off-street parking shall be as provided for in § 96-54 of this chapter.
F. 
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, wholesale storage and truck depots, 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.
(4) 
Golf courses.
C. 
Lot and building requirements. Lot and building requirements for the C-2 (Commercial-Highway) Zone shall be as follows:
(1) 
Minimum lot area: 2 acres.
(2) 
Minimum lot frontage: 150 feet.
(3) 
Minimum lot depth: 250 feet.
(4) 
Maximum building coverage: 20%.
D. 
Minimum required yard depth from street right-of-way and lot lines for principal buildings and detached accessory buildings.
(1) 
Interior lots.
(a) 
Front yard: 100 feet.
(b) 
Side yard: 30 feet.
(c) 
Rear yard: 50 feet.
(2) 
Corner lots.
(a) 
Front yard: 100 feet.
(b) 
Side street side: 100 feet.
(c) 
Interior side: 30 feet.
(d) 
Rear yard: 50 feet.
(3) 
Maximum building height.
(a) 
Principal building: 35 feet.
(b) 
Detached accessory building: 15 feet.
E. 
Signs.
[Amended 7-20-2004 by Ord. No. O-2004-6; 12-18-2008 by Ord. No. O-2008-14]
(1) 
Permitted signs in the C-2 District shall be in accordance with § 96-60.
(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:
(a) 
Minimum lot area: 2 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.
(i) 
Maximum building height.
[1] 
Principal building: 40 feet.
[2] 
Detached accessory building: 25 feet.
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.
H. 
Off-street parking: Off-street parking shall be as provided for in § 96-54.
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.
J. 
Conditional uses.
[Added 6-3-2010 by Ord. No. O-2010-35]
(1) 
Commercial solar energy operations in accordance with § 96-79H.
[Added 6-1-2017 by Ord. No. O-2-2017]
A. 
Purpose and intent. The purpose of the Neighborhood Commercial Overlay Zoning District is to provide expanded potential for commercial uses along designated areas on Buck Road and Route 77.
B. 
Permitted uses. The following uses are permitted in the NCO Neighborhood Commercial Overlay.
(1) 
All permitted uses within §§ 96-76 and 96-77, C-1 and C-2 Commercial Districts.
(2) 
Medical offices.
(3) 
Child development/day-care centers.
(4) 
Private education uses such as tutoring, martial arts and dance studios.
C. 
Lot and building requirements shall follow the C-2, § 96-77C, D, E, F and G requirements.
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.
(10) 
Any surface or subsurface sewage disposal shall be located at least 300 feet from any wetland area. For purposes of siting new structures or utilities, wetland areas must be delineated in accordance with the Freshwater Wetlands Act. [1]
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
(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]
(1) 
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.
(2) 
An establishment shall only be located in a freestanding commercial building.
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]
(1) 
Lot size requirements for commercial solar energy facilities.
(a) 
Light Manufacturing (M-1) Zone: 10 contiguous acres.
(b) 
Residential zones (R and RE): 40 contiguous acres.
(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) 
Setbacks.
[1] 
Building structures, inverters, and equipment cabinets must meet the following bulk and setback requirements.
[a] 
Front yard setback: 100 feet.
[b] 
Rear yard and side yard setback to residential zone: 100 feet.
[c] 
Rear yard and side yard setback to nonresidential zone: 50 feet.
[d] 
Maximum building height: 25 feet.
[2] 
Ground arrays must be set back a minimum of 50 feet from all property lines (or the agricultural buffer distance, whichever is greater).
(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 six acres may have a maximum of one detached garage or similar accessory structure not to exceed 900 square feet.
(3) 
Each residential property six acres or greater may have a maximum of one detached garage or similar accessory structure not to exceed 1,200 square feet.
(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 over 200 square feet must meet the side and rear yard setbacks for the zoning district.
(7) 
In the Age-Restricted Community and Recreational Residential Zones, the standards shall be in accordance with §§ 96-74 and 96-75.
(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.
(14) 
On lots meeting all of the requirements of § 96-46 regarding animals on lots, an additional structure not to exceed 900 square feet may be installed/constructed to house one or more horses/large animals (but not more than nine) consistent with the requirements of § 96-46 with regard to setbacks.
(15) 
The combination of principal and accessory structures on any lot may not exceed the maximum building coverage for the zone.
(16) 
Small wind energy systems and solar energy systems in accordance with § 96-80.2.
[Added 4-1-2010 by Ord. No. O-2010-9; amended 8-5-2010 by Ord. No. O-2010-41]
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.
(g) 
The solar and wind energy generation systems must comply with the setbacks required in Subsections F and G below.
(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.
(c) 
The solar and wind energy generation systems must comply with the setbacks required in Subsections F and G below.
[1]
Editor's Note: See N.J.S.A. 4:1C-32.4 et seq.
[2]
Editor's Note: See N.J.S.A. 4:1C-32.5 et seq.
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.
(5) 
A man-made pond with a water level of two feet or greater shall be located in a side or rear yard area only. Any man-made pond with a depth of two feet or greater shall comply with the fencing requirements as provided in Subsection B(2) above.
[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. 
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:
DWELLING UNIT
One or more rooms designed for the occupancy, cooking, and sleeping of one or more persons living as a family.
FAMILY/FAMILY MEMBER
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.
IN-LAW SUITE
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:
A. 
Junkyards, including automobile or motor vehicle junkyards or wrecking establishments.[1]
[1]
Editor's Note: See Ch. 69, Junkyards.
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).
H. 
Commercial piggery/swine farms.[2]
[Added 8-3-2006 by Ord. No. O-2006-2]
[2]
Editor's Note: Former § 96-82.1, Housing impact fees, added 8-3-2006 by Ord. No. O-2006-2, which immediately followed this section, was repealed 10-2-2008 by Ord. No. O-2008-11.
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]