A.
Accessory building as part of principal building.
Any accessory building attached to a principal building shall be considered
part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.
B.
Accessory buildings not to be constructed prior to
principal building. No construction permit shall be issued for the
construction of an accessory building for the purpose of occupancy
prior to the issuance of a construction permit for the construction
of the main building upon the same premises. If construction of the
main building does not precede or coincide with the construction of
the accessory building, the Construction Code Official shall revoke
the construction permit for the accessory building until construction
of the main building has proceeded substantially toward completion.
[Amended 9-3-1997 by Ord. No. 97-5]
C.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article IV, except that no poultry or livestock shelter shall be erected nearer than 100 feet to any dwelling on the same lot.
D.
Height of accessory buildings. The height of accessory buildings shall be as prescribed in Article IV.
E.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street, and except further that no poultry or livestock shelter shall be erected nearer than 100 feet to any lot lines.
All streets and off-street parking areas shall
be provided with catch basins and pipes where the same may be necessary
for proper surface drainage. The requirements of this section shall
not be satisfied by the construction of dry wells or other on-site
facilities unless permitted by the Township Engineer.
A.
The system shall be adequate to carry off or store
the stormwater and natural drainage water which originates not only
within the lot or tract boundaries but also that which originates
beyond the lot or tract boundaries. No stormwater runoff or natural
drainage water shall be so diverted as to overload existing drainage
systems or create flooding or the need for additional drainage structures
on other private properties or public lands without proper and approved
provisions being made for taking care of these conditions.
B.
Techniques for computing stormwater runoff shall be
as approved by the Township Engineer.
C.
Storm sewers, open channels, bridges and culverts,
unless otherwise directed by the Township Engineer, shall be designed
for minimum flow capacities as follows:
(1)
The design capacity for drainage systems shall be
the fifty-year storm. The term "drainage systems" refers to the composite
of all drainage infrastructure improvements.
(2)
The design capacity for drainage structures shall
be the one-hundred-year storm. The term "drainage structures" refers
to particular drainage infrastructure improvements, such as bridges
and culverts.
(3)
The design capacity for open channels shall be as
determined by the Township Engineer.
D.
The materials used in the construction of storm sewers,
bridges and other drainage structures shall be in accordance with
the specifications of the Standard Specifications for Road and Bridge
Construction of the New Jersey State Highway Department, current edition,
and any supplements, addenda and modifications thereof. Modification
or change of these specifications may be effected only with the knowledge
and written consent of the Township Engineer and Planning Board.
E.
Lots shall be graded to secure proper drainage away
from buildings and to prevent the ponding of stormwater, except where
retention or detention basins are provided.
F.
Approval for drainage structures shall be obtained
from the appropriate municipal, county, state and federal agencies
and offices. Each applicant shall make application to the State Division
of Water Policy and Supply of the Department of Environmental Protection,
the Salem County Engineering Department and the Township Engineer.
Letters of approval from the appropriate governmental authorities
shall be furnished to the Township Engineer, with copies to the Administrative
Officer, prior to the granting of final approval.
G.
Where a lot or tract is traversed by a watercourse,
surface or underground drainageway or drainage system, channel or
stream, there shall be provided and dedicated a drainage right-of-way
easement to the Township conforming substantially to the lines of
such watercourse and such further width or construction, or both,
as will be adequate to accommodate expected stormwater runoff in the
future, based upon reasonable growth potential in the Township and,
in any event, meeting any minimum widths and locations shown on any
adopted Official Map or Master Plan. Such easement's dedication shall
be expressed on the plat as follows: "Drainage easement granted for
the purposes provided for and expressed in the Land Development Ordinance
of the Township of Oldmans."
H.
Whenever soil is disturbed pursuant to the provisions
of this section, the developer shall comply with the provisions of
the Salem County Soil Erosion and Sedimentation Control Act.
[Amended 8-7-2002 by Ord. No. 2002-6]
A.
All permitted fences shall be situated on a lot in
such a manner that the finished side of such fence shall face adjacent
properties. All fences shall be of a permanent type and appropriate
for the intended use. No fence shall be erected until plans, samples
or catalog cuts defining the proposed fence are approved by the Zoning
Officer or Planning Board or Zoning Board. No fence shall be erected
of barbed wire, topped with metal spikes or constructed of any material
or in any manner which may be dangerous to persons or animals, except
that these provisions shall not apply to farms and except further
that fences permitted for commercial and industrial uses may be topped
by a barbed wire protective barrier.
B.
On any lot in any district, no wall or fence shall
be erected or altered so that said wall or fence shall be over four
feet in height in side and front yard areas and six feet in height
in rear yard areas, except that:
(1)
A dog run privacy area may have fencing a maximum
of six feet in height, provided that such area is located in rear
yard areas only and is set back from any lot line at least 15 feet.
(2)
A private residential swimming pool area shall be
surrounded by a fence at least four feet but no more than six feet
in height. Said fence shall be set back from any lot line at least
15 feet if the fence exceeds four feet in height.
C.
Sight triangle easements shall be required at intersections,
in addition to the specified right-of-way width, in which nothing
is erected, placed, planted or allowed to grow higher than two feet
in height, except for street signs, fire hydrants and light standards.
The sight triangle is defined as that area outside of the street right-of-way
which is bounded by the intersecting street lines and the straight
line connecting sight points, one each located on the two intersecting
street center lines, arterial streets at 300 feet, collector streets
at 200 feet and local streets at 90 feet. Where the intersecting streets
are both arterials, both collectors or one arterial and one collector,
two overlapping sight triangles shall be required, formed by connecting
the sight point noted above with a sight point 90 feet on the intersecting
street. Such easement dedication shall be expressed on the site plan
as follows: "Sight triangle deeded for the purposes provided for and
expressed in the Land Development Ordinance of the Township of Oldmans."
A.
The purposes of the following floodplain regulations
are to implement the land use rules and regulations promulgated by
the New Jersey Department of Environmental Protection for floodways
and the flood-fringe portion of a flood hazard area, to discourage
construction and regrading in flood hazard areas, to prevent encroachments
into flood hazard areas which would obstruct or constrict the area
through which water must pass and to prevent pollution of watercourses
during low- or high-water periods by preventing the placing or storing
of unsanitary or dangerous substances in the flood hazard areas.
B.
The flood hazard design elevation shall be determined
on an individual basis upon stream encroachment line data from the
Division of Water Resources or, in the absence of that data, the flood
elevation based on a one-hundred-year storm frequency. One or the
other shall be delineated on the plat. In addition, the Planning Board
Engineer may, upon receipt of the application and with the consent
of the landowner and at the landowner's expense, determine the precise
location of a floodway and flood-fringe area by close inspection,
field survey or other appropriate method and cause, if requested,
the same to be marked on the ground and on the plat and notify the
owner, the New Jersey Department of Environmental Protection, Division
of Water Resources and the approving authority. The assistance of
the United States Department of Agriculture, Soil Conservation Service,
United States Corps of Engineers and the New Jersey Department of
Environmental Protection, Division of Water Resources, may be sought
to aid in delineating the flood hazard design elevation, except that
where state and federal agencies shall subsequently publish any reports
which delineate the flood hazard design elevation of a watercourse,
the report shall be the officially delineated flood hazard area as
if the report were published in this chapter.
C.
Any lot containing a floodway portion of a drainage
course and on which it is proposed to regrade and/or construct an
improvement shall not be permitted unless the proposed use is permitted
by this chapter, plat approval has been granted and a floodway permit
has been issued by the New Jersey Department of Environmental Protection,
Division of Water Resources, where required by the state.
D.
Any lot containing a flood-fringe portion of the flood
hazard area and on which it is proposed to regrade and/or construct
an improvement shall not be permitted unless the proposed use is permitted
by this chapter and until plat approval has been granted.
E.
The procedure for reviewing any proposed regrading
and/or construction shall be the same as set forth for plat review.
No application shall be approved and no permit granted until all zoning
violations have either been corrected or had a variance granted.
F.
Regulation of the flood-fringe portion of the flood
hazard area shall be consistent, in the approving authority's determination,
with the criteria and standards promulgated by the New Jersey Department
of Environmental Protection governing the flood-fringe area.
G.
The applicant shall submit maps, reports and other
appropriate documents permitting the approving authority to evaluate
whether the proposal has an inherent low flood damage potential; does
not obstruct flood flows or increase flood heights and/or velocities;
does not affect adversely the water-carrying capacity of any delineated
floodway and/or channel; does not increase local runoff and erosion;
does not unduly stress the natural environment of the floodplain or
degrade the quality of surface water or the quality and quantity of
groundwaters; does not require channel modification or relocation;
does not require fill or the erection of structures; and does not
include the storage of equipment and materials.
H.
Where a development is traversed by a watercourse,
surface or underground drainageway or drainage system, channel or
stream, there shall be provided and dedicated a drainage right-of-way
easement to the municipality conforming substantially to the lines
of such watercourse and such further width or construction, or both,
as will be adequate to accommodate expected stormwater runoff in the
future, based upon reasonable growth potential in the municipality.
The minimum width of easement for channel sections shall be the maximum
design top width of the channel section segment plus 20 feet, rounded
to the next highest five-foot increment. However, if the floodway
is not ascertainable for a stream or open channel, the width of the
drainage easement shall extend 50 feet beyond the top of the bank
on both sides of the drainage course.
A.
Purpose.
(1)
Landscaping shall be provided as part of site plan
and subdivision design. It shall be conceived in a total pattern throughout
the site, integrating the various elements of site design, preserving
and enhancing the particular identity of the site and creating a pleasing
site character.
(2)
Landscaping may include plant materials such as trees,
shrubs, ground cover, perennials and annuals and other materials such
as rocks, water, sculpture, art, walls, fences and building and paving
materials.
B.
Landscape plan. A landscape plan prepared by a certified
landscape architect shall be submitted with each site plan application,
unless an exception is granted by the approving authority. The plan
shall identify existing and proposed trees, shrubs, ground cover,
natural features and other landscaping elements. The plan should show
where they are or will be located and planting and/or construction
details. When existing natural growth is proposed to remain, the applicant
shall include in the plans proposed methods to protect existing trees
and growth during and after construction.
C.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved during the course
of construction shall be redistributed on all regraded surfaces so
as to provide at least four inches of even cover to all disturbed
areas of the development and shall be stabilized by seeding or planting.
(2)
Removal of debris. All stumps and other tree parts,
litter, brush, weeds, excess or scrap building materials or other
debris shall be removed from the site and disposed of in accordance
with the law. No tree stumps, portions of tree trunks or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may, subject to approval of the Township Engineer,
be used as mulch in landscaped areas. A developer shall be exempt
from these provisions, however, and shall be permitted to dispose
of site-generated new construction wastes on site as long as the conditions
set forth in N.J.A.C. 7:26-1.7 are met.
(3)
Protection of existing plantings. Maximum effort should
be made to save fine specimens. Specimen trees over 15 inches in diameter
shall be retained and incorporated into all landscape plans. No material
or temporary soil deposits shall be placed within four feet of shrubs
or 10 feet of trees designated to be retained on the preliminary and/or
final plat. Protective barriers or tree wells shall be installed around
each plant and/or group of plants that are to remain on the site.
Barriers shall not be supported by the plants they are protecting
but shall be self-supporting. They shall be a minimum of four feet
high and constructed of a durable material that will last until construction
is completed. Snow fences and silt fences are examples of acceptable
barriers.
(4)
Slope plantings. Landscaping of the area of all cuts
and fills and/or trenches shall be sufficient to prevent erosion,
and all roadway slopes steeper than one foot vertically to three feet
horizontally shall be planted with ground covers appropriate for the
purpose and soil conditions, water availability and environment.
(5)
Additional landscaping. In residential developments,
besides the screening and street trees required, additional plantings
or landscaping elements shall be required throughout the subdivision
where necessary for climate control, privacy or for aesthetic reasons
in accordance with a planting plan approved by the Planning Board
and taking into consideration cost constraints. In nonresidential
developments, all areas of the site not occupied by buildings and
required improvements shall be landscaped by the planting of grass
or other ground cover, shrubs and trees as part of a site plan approved
by the Planning Board.
(6)
Planting specifications. Deciduous trees shall have
at least a two-inch caliper at planting. Size of evergreens and shrubs
shall be allowed to vary depending on setting and type of shrub. Only
nursery-grown plant materials shall be acceptable, and all trees,
shrubs and ground covers shall be planted according to accepted horticultural
standards. Dead or dying plants shall be replaced by the developer
during the following planting season.
(7)
Plant species. The plant species selected should be
hardy for the particular climatic zone in which the development is
located and appropriate in terms of function and size.
D.
Street trees.
(1)
Location.
(a)
Street trees shall be installed on both sides
of all streets in accordance with the approved landscape plan. Trees
shall either be massed at critical points or spaced evenly along the
street, or both. When trees are planted at predetermined intervals
along streets, spacing shall depend on tree size as follows:
|
Tree Size
(height in feet)
|
Planting Interval
(in feet)
|
|---|---|
|
Large trees (40+)
|
50 to 70
|
|
Medium-sized trees (30 to 40)
|
40 to 50
|
|
Small trees (to 30)
|
30 to 40
|
(b)
When the spacing interval exceeds 40 feet, small
ornamental trees can be spaced between the large trees. If a street
canopy effect is desired, trees may be planted closer together, following
the recommendations of a certified landscape architect. The trees
shall be planted so as not to interfere with utilities, roadways,
sidewalks, sight easements or streetlights. Tree location, landscaping
design and spacing plan shall be approved by the Planning Board as
part of the landscape plan.
(2)
Tree type. Tree type may vary depending on the overall
effect desired, but as a general rule all trees shall be the same
kind on a street except to achieve special effects. Selection of tree
type shall be approved by the Planning Board.
(3)
Planting specifications. All trees shall have a caliper
of two inches and they shall be nursery grown, of substantially uniform
size and shape and have straight trunks. Trees shall be properly planted
and staked and provision made by the applicant for regular watering
and maintenance until they are established. Dead or dying trees shall
be replaced by the applicant during the next planting season.
E.
Buffering.
(1)
Function and materials. Buffering shall provide a
year-round visual screen in order to minimize adverse impacts from
a site on an adjacent property or from adjacent areas. It may consist
of fencing, evergreens, berms, rocks, boulders, mounds or combinations
to achieve the stated objectives.
(2)
When required.
(a)
Buffering shall be required when topographical
or other barriers do not provide reasonable screening and when the
Planning Board determines that there is a need to shield the site
from adjacent properties and to minimize adverse impacts, such as
incompatible land uses, noise, glaring light and traffic. In small
lot developments, when building design and siting do not provide privacy,
the Planning Board may require landscaping, fences or walls to ensure
privacy.
(b)
When required, buffers shall be measured from
side and rear property lines, excluding access driveways.
[1]
Where more intensive land uses abut less intensive
uses, a buffer strip 25 feet, but not to exceed 10% of the lot area,
in width shall be required.
[2]
Parking areas, garbage collection and utility
areas and loading and unloading areas shall be screened around their
perimeter by a buffer strip a minimum of five feet wide or in such
manner approved by the Township Engineer/Planner.
[3]
Where residential subdivisions abut higher-order
streets (collectors or arterials), adjacent lots should front on lower-order
streets, and a landscaped buffer area provided along the property
line abutting the road. The buffer strip shall be a minimum of 25
wide or wider where necessary for the health and safety of the residents
and include both trees and shrubs.
(3)
Design. Arrangement of plantings in buffers shall
provide maximum protection of adjacent properties and avoid damage
to existing plant material. Possible arrangements include planting
in parallel, serpentine or broken rows. If planted berms are used,
the minimum top width shall be four feet, and the maximum side slope
shall be 2:1.
(4)
Planting specifications. Plant materials shall be
sufficiently large and planted in such a fashion that a screen at
least eight feet in height shall be produced within three growing
seasons. All plantings shall be installed according to accepted horticultural
standards.
(5)
Maintenance. Plantings shall be watered regularly
and in a manner appropriate for the specific plant species through
the first growing season, and dead or dying plants shall be replaced
by the applicant during the next planting season. No building, structures,
storage of materials or parking shall be permitted within the buffer
area. Buffer areas shall be maintained and kept free of all debris,
rubbish, weeds and tall grass.
F.
Paving materials, walls and fences.
(1)
Paving materials. Design and choice of paving materials
used in pedestrian areas shall consider the following factors: cost,
maintenance, use, climate, characteristics of users, appearance, availability,
glare, heat, drainage, noise, compatibility with surroundings, decorative
quality and aesthetic appeal. Acceptable materials shall include but
are not limited to concrete, brick, cement pavers, asphalt and stone.
(2)
Walls and fences shall be erected where required for
privacy, screening, separation or security or to serve other necessary
functions.
G.
Street furniture.
(1)
Street furniture, such as but not limited to trash
receptacles, benches, phone booths, etc., shall be located and sized
in accordance with its functional need.
(2)
Street furniture elements shall be compatible in form,
material and finish. Style shall be coordinated with that of the existing
or proposed site architecture.
(3)
Selection of street furniture shall consider durability,
maintenance and long-term cost.
A.
Streetlighting of a type supplied by the utility and
of a type and number approved by the Township Engineer shall be provided
for all street intersections and along all arterial, collector and
local streets and anywhere else deemed necessary for safety reasons.
Wherever electric utility installations are required to be underground,
the applicant shall provide for underground service for streetlighting.
B.
All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, industrial,
apartment or other similar uses having common off-street parking and/or
loading areas and building complexes requiring area lighting shall
be adequately illuminated for security and safety purposes.
(1)
The lighting plan in and around the parking areas
shall provide for nonglare, color-corrected lights focused downward.
The light intensity provided at ground level shall be a minimum of
3/10 footcandle anywhere in the area to be illuminated, shall average
a minimum of 5/10 footcandle over the entire area and shall be provided
by fixtures with a mounting height not more than 25 feet or the height
of the building, whichever is less, measured from the ground level
to the center line of the light source, spaced a distance not to exceed
five times the mounting height.
(2)
Any other outdoor lighting, such as building and sidewalk
illumination, driveways with no adjacent parking, the lighting of
signs and ornamental lighting shall be shown on the lighting plan
in sufficient detail to allow determination of the effects on adjacent
properties, traffic safety and overhead sky glow.
(3)
The objective of these specifications is to minimize
undesirable off-premises effects. No light shall shine into windows
or onto streets and driveways in such manner as to interfere with
or distract driver vision. To achieve these requirements, the intensity
of such light sources, the light shielding and similar characteristics
shall be subject to site plan approval.
A.
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
B.
Each lot must front upon an approved public street.
C.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such new street line, and
all setbacks shall be measured from such line.
D.
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as poor drainage
conditions or flood conditions, percolation tests or test borings
indicating the ground conditions to be inadequate for proper sewage
disposal for on-lot sewage treatment or similar circumstances, the
Board, after adequate investigation, may withhold approval of such
lots. If approval is withheld, the Board shall give reasons and notify
the applicant and enter the same in the minutes.
E.
Monuments shall be installed for all newly created
lots in compliance with the requirements of N.J.S.A. 46:23-9.11q.
All lot corners shall be marked with a concrete monument or metal
alloy pin of permanent character.
A.
Natural features such as trees, hilltops and views,
natural terrain, open waters and natural drainage lines shall be preserved
whenever possible in designing any development containing such features.
B.
No topsoil shall be removed from areas intended for
lawn or open space. Topsoil moved during the course of construction
shall be redistributed so as to provide at least four inches of cover
for all such areas, which shall be stabilized by the approved seeding
and/or planting.
C.
A conscious effort shall be made to preserve all worthwhile
trees and shrubs which exist on the site. Stripping trees from a lot
or filling around trees on a lot shall not be permitted unless it
can be shown that grading or construction requirements necessitate
removal of trees, in which case those lots shall be replanted with
trees to reestablish the tone of the area in conformance with adjacent
lots. All newly planted shade trees shall be of nursery stock. Deciduous
trees shall have a caliper of at least a 1 1/2 inches at planting,
evergreen trees shall be at least five feet tall, and shrubs shall
be at least two feet tall. All trees shall be of a species approved
by the Board and shall be balled and burlapped. In all cases, a sufficient
number of shade trees shall be provided and planted to ensure a minimum
of eight trees per acre of lot area.
A.
Lots.
(1)
Whenever title to two or more contiguous lots is held
by the same owner, regardless of whether or not each of said lots
may have been approved as portions of a subdivision or acquired by
separate conveyance or by other operation of law, and one or more
of said individual lots should, by reason of exceptional shallowness,
topographical conditions, substandard area or yard space or similar
measurements, not conform to the minimum lot area and dimension requirements
for the zone in which it is located, the contiguous lots of said owner
shall be considered as a single lot.
(2)
Whenever the owner of a lot existing at the time of
adoption of this chapter has dedicated or conveyed land to the Township
in order to meet the minimum street width requirement of the Official
Map or Master Plan of the Township, the Construction Code Official
shall issue building and occupancy permits for the lot whose depth
and/or areas are rendered substandard in area only because of such
dedication and where the owner has no other adjacent lands to provide
the minimum requirements.
(3)
Any existing lot on which a building or structure
is located and which lot does not meet the minimum lot size, or a
structure which violates any yard requirements, may have additions
to the principal building and/or construction of an accessory building
without an appeal for variance relief, provided that:
(a)
The existing use(s) on the lot conforms to the
permitted uses stipulated in this chapter for the lot in question.
(b)
The total permitted building coverage is not
exceeded.
(c)
The accessory building and/or addition does
not violate any other requirements of this chapter, such as but not
limited to height, setback and parking.
(4)
Any vacant lot existing as a conforming residential
lot immediately prior to the effective date of adoption of this chapter
whose area or dimensions do not meet the requirements of the district
in which the lot is located may have a building permit issued for
a single-family detached dwelling and its permitted accessory uses
without an appeal for variance relief, provided that:
(a)
Single-family detached dwellings are a permitted
use in that district.
(b)
The building coverage limit is not exceeded.
(c)
Parking requirements are met.
(d)
The yard and height provisions are reduced by
the same percentage that the area of such lots bears to the zone district
requirements, except that:
[1]
No side yard shall be less than 10 feet or half
that required by this chapter, whichever is greater.
[Amended 9-3-1997 by Ord. No. 97-5]
[2]
No building shall be set back from any street
right-of-way less than is required for the building elsewhere in this
chapter.
[3]
No building shall be required to have a height
less than 12 feet and one story.
B.
Structures and uses.
(1)
Any nonconforming use or structure existing at the
time of the passage of this chapter may be continued upon the lot
or in the structure so occupied, and any such structure may be restored
or repaired in the event of partial destruction thereof.
(2)
Repairs and maintenance work required to keep a structure
in sound condition may be made to a nonconforming structure containing
a nonconforming use. However, no nonconforming structure or structure
containing a nonconforming use shall be enlarged, extended, constructed,
reconstructed or structurally altered in any manner without an appeal
for variance relief, except that any commercial or industrial use
existing as a conforming use immediately prior to the date of adoption
of this chapter and which has been made a nonconforming use by the
provisions of this chapter may be physically expanded as a right by
no more than 50% of the gross building coverage of the facility(s)
currently devoted to such use on said date of adoption and by no more
than 50% of the land area currently devoted to such use, provided
that:
(a)
The specific activity is not changed;
(b)
The aggregate building coverage on the lot does
not exceed 30%;
(c)
The building expansion does not narrow any side,
rear or front yard to less than a minimum of 40 feet;
(d)
No outside storage or display areas or activities
are expanded;
(e)
The site plan for such expansion receives approval
by the Planning Board in accordance with the provisions of this chapter;
and
(f)
All other applicable provisions of this chapter
are met.
A.
Landscaping.
(1)
Except for detached and two-family dwelling units,
a screen planting of a dense evergreen material not less than four
feet in height shall be provided between the off-street parking areas
and any lot line or street line, except within a sight triangle or
where a building intervenes or where the distance between such areas
and the lot line or street line is greater than 150 feet.
(2)
All loading areas shall be landscaped and screened
sufficiently to obscure the view of the parked vehicles and loading
platforms from any public street and adjacent residential districts
or uses. Such screening shall be by an extension of a building, a
fence, wall, planting or combination thereof and shall not be less
than five feet in height.
(3)
Each off-street parking area shall have a minimum
area equivalent to one parking space per every 10 parking spaces landscaped
with 1/2 said area having shrubs no higher than three feet and the
other half having trees with branches no lower than seven feet. Such
landscaped areas shall be distributed throughout the parking area
in order to break the view of long rows of parked cars in a manner
not impairing visibility and shall not be construed as meeting the
requirements for buffer or screening as specified in this chapter.
B.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 110-27.
C.
Surfacing and curbing.
(1)
Off-street parking lots and loading areas, together
with their access aisles, driveways and fire lanes, shall not occupy
more than 35% of the lot area. All parking and loading areas and access
drives shall be paved as determined by the Township Engineer and approved
as part of the development application approval. All parking areas,
regardless of size and location, shall be suitably drained and maintained.
(2)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
(3)
Curbing shall be provided along the perimeter of all
off-street parking and loading areas as well as along all traffic
aisles providing access to said parking and loading areas or shall
have an equivalent or alternate design as determined by the Township
Engineer and approved as part of the development application approval.
D.
Access. Access points from any one lot crossing the
street line shall be limited to a maximum of two along the frontage
of any single street. The center lines of any separate access points
shall be spaced at least 65 feet apart and shall be set back from
the street line of any intersecting street at least 50 feet or 1/2
the lot frontage, whichever is greater, except that in no case need
the setback distance exceed 200 feet. Continuous, open driveways at
the street line shall be prohibited in excess of 16 feet in residential
districts or 24 feet in nonresidential districts. Due consideration
shall be given to the direction of traffic flow, radii of curves and
the method of dividing traffic lanes. Curbing shall be depressed at
the driveway, or the curbing may be rounded at the corners, and the
driveways connected with the street in the same manner as another
street.
E.
Location of parking and loading areas. Required off-street
parking and loading spaces shall be located on the same lot or premises
as the use served, regardless of the number of spaces required by
this chapter. No parking of vehicles shall be permitted in fire lanes,
streets, driveways, landscaped areas, aisles, buffer areas, sidewalks
or turning areas.
F.
Type of facility.
(1)
Parking spaces may be on, above or below the surface
of the ground. When parking spaces are provided within a garage or
other structure, said structure shall adhere to the proper accessory
or principal building setbacks, as applicable.
(2)
The provision of parking spaces shall also include
adequate driveway and necessary turning areas for handling the vehicles
for which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicles. Aisles
providing access to parking spaces shall have the following minimum
dimensions. Where the angle of parking is different on both sides
of the aisle, the larger aisle width shall prevail.
|
Angle of Parking Space
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
|---|---|---|
|
90º
|
22
|
25
|
|
60º
|
18
|
20
|
|
45º
|
15
|
20
|
|
30º
|
12
|
18
|
|
Parallel
|
12
|
18
|
An application for a permit shall provide documentation
that the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user of any structure.
A.
Glare. No use shall produce a strong, dazzling light
or a reflection of a strong, dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare, direct light or reflection will not become a nuisance
to adjoining properties, adjoining dwelling units, adjoining districts
or streets.
B.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which would cause
the temperature to rise or fall in any body of water.
C.
Noise. Noise levels shall be designed and operated
in accordance with local regulations and those rules established by
the New Jersey State Department of Environmental Protection, as they
are adopted and amended.
D.
Odor. Odors due to nonagricultural operations shall
not be discernible at the lot line or beyond.
E.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces, nor shall
any substance be deposited which can contaminate an underground aquifer
or otherwise render such underground aquifer undesirable as a source
of water supply or recreation or which will destroy aquatic life.
All materials or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise attractive to rodents
or insects shall be stored indoors and enclosed in appropriate containers
adequate to eliminate such hazards.
F.
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses nor contaminate the air with excessive heat or odor.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless set back from all property lines 10
feet or equipped with baffles to deflect the discharged air away from
the adjacent use.
G.
Vibration. There shall be no vibration which is discernible
to the human sense of feeling beyond the immediate lot.
Unless otherwise specified in this chapter,
no more than one principal dwelling or building shall be permitted
on one lot.
Easements along rear property lines or elsewhere
for utility installation may be required. Such easements shall be
at least 20 feet wide and located in consultation with the companies
concerned or the Township Engineer and, to the fullest extent possible,
shall be centered on, or adjacent to, rear or side lot lines.
Individual on-lot septic systems shall be designed
in accordance with the requirements of the State Health Department
or ordinances enforced by the County Board of Health, whichever are
more restrictive, and shall be subject to approval by the Township.
A.
General provisions. No sign may be placed on or attached
to a building or erected independently for any purpose other than
to advertise a permitted business or use conducted on the same premises.
No billboards shall be erected or replaced. No signs shall be erected,
altered or replaced which are not in accordance with the standards
established in this chapter. Unless otherwise specified in this chapter,
the erection of any sign shall require a construction permit. No sign
of any type shall be permitted to obstruct driving vision, traffic
signals, traffic directional and identification signs, other places
of business, other signs or windows of the building on which they
are located. A sign shall not be attached to trees, fence posts, stumps,
utility poles or other signs but shall be freestanding or attached
to buildings in an approved manner.
(1)
Changeable copy sign requirements. Changeable copy signs, where permitted,
shall comply with the following provisions and any more specific regulations
in this section:
[Amended 4-10-2019 by Ord. No. 2019-04]
(a)
Changeable copy signs shall be allowed only as an integral part of a freestanding or facade sign, except as may be allowed in Subsection A(1)(h) hereinbelow. The area of a changeable copy sign shall be included in the sign area calculation for the freestanding or facade sign and shall not exceed 50% of the total sign area.
(b)
Changeable copy signs shall not be permitted on temporary or
portable signage.
(c)
Copy shall not be changed more than once every 24 hours, except
for advisable data displays and variable message signs. Changeable
copy signs that are changed more frequently shall be considered animated
signs and are prohibited.
(d)
Changeable copy signs may not be located in any residential
zoning district, except institutional uses.
(e)
The minimum height of changeable copy letters shall be four
inches.
(f)
The maximum number of lines of changeable copy shall be four
lines, except for variable message signs.
(g)
No changeable copy sign, except for advisory data signs and
variable message signs, shall be changed by electronic or electro-mechanical
means.
(h)
Changeable copy signs that are variable message signs shall
adhere to the following standards in addition to any other standards
specific to the zoning district in which they are permitted (To the
extent such standards are inconsistent, the more restrictive standards
shall apply.):
[1]
The variable message sign shall be equipped with a dimmer control
and a photocell which automatically adjust the intensity of the display
in response to natural ambient light conditions in accordance with
the illumination standards as hereinbelow.
[2]
When first installed, the sign shall be calibrated and certified
by the sign installer that the level of illuminance does not exceed
the limitation set forth hereinbelow.
[3]
The displayed message shall not change more frequently that
once per eight seconds. The sign shall only display static messages
and shall be changed instantaneously from one message to the next.
[4]
The sign shall be equipped with a default mode of operation
that turns the sign message entirely to black should a malfunction
in static image display, dimmer control and/or photocell occur.
(2)
Height. No freestanding or attached sign shall be
higher at any point than the roof line of the building or 25 feet,
whichever is lower, except that no sign shall exceed any lesser height
if particularly specified, and no sign shall project beyond a building
in a manner placing it above an area traversed by motor vehicles,
such as, but not limited to, driveway and parking areas. Where signs
project beyond a building facade or wall over a pedestrianway, the
lowest portion of the sign shall be at least 10 feet above the walkway.
(3)
Freestanding signs. Freestanding signs shall be supported
by one or more columns or uprights which are firmly embedded in the
ground. Exposed guide wires, chains or other connections shall not
be made a permanent support of the freestanding sign.
(4)
Illumination. Where illuminated signs are permitted and approved,
illumination may be provided by floodlights, spotlights, incandescent
bulbs, fluorescent tubes or compact fluorescent bulbs, LED spotlights
or internal illumination, metal halide, mercury-vapor, or quantum
dot lamps. Neon, LED, or similar tubing shall not be permitted as
a means of illumination unless used for illumination internal to the
sign. Regardless of the type of illumination employed, all illuminated
signs shall be properly shielded and so located as to prevent glare
or blinding effects upon motor vehicle traffic and so as not to cause
a nuisance to residents on the premises of their homes in the surrounding
area. Upon a finding by the Zoning Officer that a sign creates glare
or blinding conditions, the property owner or owner of the sign, as
the case may be, shall correct the situation within 14 days of the
notification of such effects by the Zoning Officer. The Zoning Officer
may be assisted in such determination by such lighting or visual acuity
experts as necessary. Failure to correct the condition or file an
appeal within the time specified shall constitute a violation of this
section by the property owner or sign owner, as appropriate.
[Amended 4-10-2019 by Ord. No. 2019-04]
(a)
Signs capable of illumination shall be turned off between the
hours of 10:00 p.m. to 7:00 a.m. the following morning, unless the
business or uses advertised are open to the public later than 10:00
p.m. or earlier than 7:00 a.m., in which event any such establishment
may keep a sign illuminated during business hours only. Variable message
signs, where permitted, shall be turned off between the hours of 1:00
a.m. and 6:00 a.m.
(b)
Signs shall not be permitted to emit more than 50% of their
illumination as the color white or light blue.
(5)
Information and direction signs. Street number designations,
postal boxes, on-site directional and parking signs and warning signs
are permitted in all zones but are not to be considered in calculating
sign area. No such sign shall exceed two square feet in area, nor
shall a construction permit be required.
(6)
Maintenance. Signs must be constructed of durable materials maintained in good condition and not allowed to become dilapidated. Whenever a sign shall become dilapidated or structurally unsafe, the Construction Code Official shall order the owner to repair said sign or remove it. Such order shall be made in writing, and the owner shall comply with the order within 10 days or be subject to the penalties stipulated in § 110-83A of this chapter.
[Amended 9-3-1997 by Ord. No. 97-5]
(7)
Political signs. Political signs temporarily giving
notice of political campaigns shall be set back at least 15 feet from
all street and property lines and shall not exceed 32 square feet
in area. Signs shall be permitted within 60 days prior to any municipal,
county, state or national election and shall be removed within four
weeks after the election. All such signs do not need a construction
permit.
(8)
Portable signs. No sign shall be exhibited which is
portable, i.e., fixed on a movable stand, self-supporting without
being firmly embedded in the ground, supported by another object,
mounted on wheels or movable vehicles or made easily movable in some
other manner.
(9)
Real estate signs. Real estate signs temporarily advertising
the sale, rental or lease of the premises or portion thereof shall
be, if not attached to the building, set back from all street and
property lines a distance equivalent to 1 1/2 linear feet for each
one square foot of sign area, provided that the required setback shall
in no case be less than 10 feet. Signs shall not exceed four square
feet in area on individual residential lots and 32 square feet in
area within nonresidential districts and within major residential
subdivisions of four or more lots where said signs are used to advertise
development. All such signs shall be removed at the expense of the
advertiser within 15 days after the termination or completion of the
matter of business being advertised or, in the case of major residential
subdivisions, when 95% of the lots have been initially sold. All such
signs do not need a construction permit.
(10)
Sign area. The area of a sign shall be measured
around the outside edges of a framed or enclosed sign or by the area
utilized by isolated words and/or symbols, including the background,
whether open or enclosed, but said area shall not include any supporting
framework and bracing incidental to the display itself.
(11)
Signs with two exposures. Such signs shall be
measured for area by using the surface of one side of the sign only.
Both sides may be used.
(12)
Wall fascia or attached signs. Wall fascia or
attached signs shall be firmly attached to the exterior wall of a
building and shall not project more than 15 inches from the building.[1]
[1]
Editor's Note: Former Section 515, Subsection
A-13, Window Signs, which immediately followed this subsection, was
deleted 9-3-1997 by Ord. No. 97-5.
(13)
Projecting signs. Projecting signs shall not
exceed 20 square feet in area, shall not project more than five feet
from the building and shall not be erected less than 10 feet above
the public sidewalk.
(14)
Proximity to historic place. No sign shall be
permitted within 100 feet of the property line of any historical site
or monument.
B.
Street signs. Street signs shall be metal and of the
type, design and standard previously installed elsewhere in the Township.
The location of the street signs shall be determined by the Board,
but there shall be at least two street signs furnished at each intersection.
All signs shall be installed free of visual obstruction.
C.
ABANDONED SIGN
ADDRESS SIGN
ADVISORY INFORMATION
ANIMATED SIGN
AWNING
BALLOON SIGN
BANNER
BEACON LIGHTING
BUILDING FRONTAGE
CANOPY
CANOPY SIGN
CHANGEABLE COPY SIGN
CHANNEL LETTER SIGN
CLEARANCE
DIGITAL DISPLAY
DIRECTIONAL SIGN
EXTERNAL ILLUMINATION
FESTOON LIGHTING
FLAG
FLASHING SIGN
FREESTANDING SIGN
(1)
(2)
GOVERNMENT/REGULATORY SIGN
HALO ILLUMINATION
HOLIDAY DECORATIONS
ILLUMINATED SIGN
ILLUMINATION
INCIDENTAL SIGN
INCIDENTAL WINDOW SIGN
INFLATABLE SIGN
INTERACTIVE SIGN
INTERNAL ILLUMINATION
LEGIBILITY
LIGHT TRESPASS
LIMITED DURATION SIGN
LUMINANCE
MANUAL CHANGEABLE COPY SIGN
MECHANICAL MOVEMENT SIGN
MEMORIAL SIGN
MESSAGE CENTER SIGN
MESSAGE SEQUENCING
MURAL (or MURAL SIGN)
NEON SIGN
NONCONFORMING SIGN
OFF-PREMISES SIGN
ON-PREMISES SIGN
PENNANT
PERMANENT SIGN
PORTABLE SIGN
(1)
(2)
PROJECTING SIGN
PUBLIC SIGN
REVOLVING SIGN
ROOF SIGN
SCOREBOARD
SECURITY SIGN
SHIELDED
SIGN
SIGN AREA
SIGN FACE
SIGN HEIGHT
SIGN SUPPORTING STRUCTURE
SNIPE SIGN
STOREFRONT
STREAMERS
STREET FRONTAGE
STREET POLE BANNER
TRIVISION BOARDS
WALL SIGN
WINDOW SIGN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Added 4-10-2019 by Ord.
No. 2019-04]
A sign which has not identified or advertised a current business,
service, owner, product or activity for a period of at least 180 days,
in the case of off-premises signs, or at least 360 days in the case
of on-premises signs.
A sign that designates the street number and/or street name
for identification purposes, as designated by the United States Postal
Service (also known as "nameplate sign").
Information on a changeable copy sign presented in a manner
that can be read and comprehended in one second or less time, including,
but not limited to, the time, temperature and date.
A sign depicting action, motion, or light or color changes
through electrical or mechanical means.
Any sign painted on, or applied to, an awning.
A lighter-than-air, gas-filled balloon, tethered in a fixed
location, which contains an advertisement message on its surface or
attached to the balloon in any manner.
Any cloth, bunting, plastic, paper, or similar nonrigid material
attached to any structure, staff, pole, rope, wire or framing which
is anchored on two or more edges or at all four corners. Banners are
temporary in nature and do not include flags.
Any source of electric light, whether portable or fixed,
the primary purpose of which is to cast a concentrated beam of light
generally skyward as a means of attracting attention to its location
rather than to illuminate any particular sign, structure, or other
object.
The maximum linear width of a building measured in a single
straight line parallel, or essentially parallel, with the abutting
public street or parking lot.
A structure other than an awning made of fabric, metal, or
other material that is supported by columns or posts affixed to the
ground and may also be connected to a building.
Any sign that is part of, or attached to, a canopy.
A sign or portion thereof on which the copy or symbols change
either automatically through electrical or electronic means or manually
through placement of letters or symbols on a panel mounted in or on
a track system. The two types of changeable copy signs are manual
changeable copy signs and electronic changeable copy signs, which
include message center signs, digital displays and trivision boards.
A sign consisting of fabricated or formed three-dimensional
letters, individually applied to a wall, which may accommodate a light
source.
The distance above the walkway, or other surface if specified,
to the bottom edge of a sign. This term can also refer to a horizontal
distance between two objects.
The portion of a sign message made up of internally, illuminated
components capable of changing the message periodically. Digital displays
may include but are not limited to LCD, LED, or plasma displays.
Signs designed to provide direction to pedestrian and vehicular
traffic into and out of, or within, a site.
Artificial light, located away from the sign, which lights
the sign, the source of which may or may not be visible to persons
viewing the sign from any street, sidewalk or adjacent property.
A type of illumination comprised of either:
Any sign printed or painted on cloth, plastic, canvas, or
other like material with distinctive colors, patterns, or symbols
attached to a pole or staff and anchored along only one edge or supported
or anchored on only two corners.
A sign whose artificial illumination is not kept constant
in intensity at all times when in use and which exhibits changes in
light, color, direction or animation. This definition does not include
electronic message center signs or digital displays that meet the
requirements set forth herein.
A sign supported by structures or supports that are placed
on, or anchored in, the ground, and that is independent and detached
from any building or other structure. The following are subtypes of
freestanding signs:
GROUND SIGNA sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building (also known as "monument sign").
POLE SIGNA freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
Any sign for the control of traffic or for identification
purposes, street signs, warning signs, railroad crossing signs, and
signs of public service companies indicating danger or construction,
which are erected by or at the order of a public officer, employee
or agent thereof, in the discharge of official duties.
A sign using a three-dimensional message, logo, etc., which
is lit in such a way as to produce a halo effect (also known as "backlit
illumination").
Signs or displays, including lighting, which are a nonpermanent
installation celebrating national, state and local holidays, religious
or cultural holidays, or other holiday seasons (also known as "seasonal
decorations").
A sign with electrical equipment installed for illumination,
either internally illuminated through its sign face by a light source
contained inside the sign or externally illuminated by a light source
aimed at its surface.
A source of any artificial or reflected light, either directly
from a source of light incorporated in, or indirectly from, an artificial
source.
A sign that displays general site information, instructions,
directives or restrictions that are primarily oriented to pedestrians
and motor vehicle operators who have entered a property from a public
street. These signs shall not contain any commercial advertising.
Signs displayed in the window displaying information such
as the business' hours of operation, credit institutions accepted,
commercial and civic affiliations, and similar information. These
signs shall be informational only and shall not contain a commercial
message.
A sign that is an air-inflated object, which may be of various
shapes, made of flexible fabric, resting on the ground or structure
and equipped with a portable blower motor that provides a constant
flow of air into the device.
An electronic or animated sign that reacts to the behavior
or electronic signals of motor vehicle drivers.
A light source that is concealed or contained within the
sign and becomes visible in darkness through a translucent surface.
Message center signs, digital displays, and signs incorporating neon
lighting shall not be considered internal illumination for the purposes
of this section.
The physical attributes of a sign that allow for an observer's
differentiation of its letters, words, numbers, or graphics.
Light emitted by a lighting installation which extends beyond
the boundaries of the property on which the installation is sited.
A nonpermanent sign that is displayed on private property
for more than 30 days, but not intended to be displayed for an indefinite
period.
An objective measurement of the brightness of illumination,
including illumination emitted by an electronic sign, measured in
candles per square foot (cd/ft2).
A sign or portion thereof on which the copy or symbols are
changed manually through placement or drawing of letters or symbols
on a sign face.
A sign having parts that physically move rather than merely
appear to move as might be found in a digital display. The physical
movement may be activated electronically or by another means, but
shall not include wind-activated movement such as used for banners
or flags. Mechanical movement signs do not include digital signs that
have changeable, programmable displays.
A memorial plaque or tablet, including grave markers or other
remembrances of persons or events, which is not used for a commercial
message.
A type of illuminated, changeable copy sign that consists
of electronically changing alphanumeric text often used for gas price
display signs and athletic scoreboards.
The spreading of one message across more than one sign structure.
A large picture/image (including but not limited to painted
art) which is painted, constructed, or affixed directly onto a vertical
building wall, which may or may not contain text, logos, and/or symbols.
A sign illuminated by a neon tube, or other visible light-emanating
gas tube, that is bent or shaped to form letters, symbols, or other
graphics.
A sign that was legally erected and maintained at the effective
date of this section, or amendment thereto, that does not currently
comply with sign regulations of the district in which it is located.
An outdoor sign whose message directs attention to a specific
business, product, service, event or activity, or other commercial
or noncommercial activity, or contains a noncommercial message about
something that is not sold, produced, manufactured, furnished, or
conducted on the premises upon which the sign is located (also known
as "third-party sign," "billboard" or "outdoor advertising").
A sign whose message and design relate to an individual business,
profession, product, service, event, point of view, or other commercial
or noncommercial activity sold, offered, or conducted on the same
property where the sign is located.
A triangular or irregular piece of fabric or other material,
commonly attached in strings or strands, or supported on small poles
intended to flap in the wind.
A sign attached or affixed to a building, window or structure,
or to the ground in manner that enables the sign to resist environmental
loads, such as wind, and that precludes ready removal or movement
of the sign and whose intended use appears to be indefinite.
A sign designed to be transported or moved and not permanently
attached to the ground, a building or other structure.
SANDWICH BOARD SIGNA type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians (also known as "A-frame sign").
VEHICULAR SIGNA sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.
A building-mounted, double-sided sign with the two faces
generally perpendicular to the building wall, not to include signs
located on a canopy or awning (also known as "blade sign").
A sign containing any material or device which has the effect
of intensifying reflected light.
A sign which revolves in a circular motion, rather than remaining
stationary on its supporting structure.
A building-mounted sign erected upon, against, or over the
roof of a building.
A sign contained within an athletic venue and intended solely
to provide information to the attendees of an athletic event.
An on-premises sign regulating the use of the premises, such
as a "no trespassing" or "no hunting" or "no soliciting" sign (also
known as "warning sign").
The description of a luminaire from which no direct glare
is visible at normal viewing angles, by virtue of its being properly
aimed, oriented, and located and properly fitted with such devices
as shields, barn doors, baffles, louvres, skirts or visors.
Any device, structure, fixture, painting, emblem, or visual
that uses words, graphics, colors, illuminations, symbols, numbers,
or letters for the purpose of communicating a message. "Sign" includes
the sign faces as well as any sign-supporting structure.
The total dimensions of a sign surface used to display information,
messages, advertising, logos or symbols.
The part of the sign that is or can be used for the sign
area. The sign area could be smaller than the sign face.
The vertical dimension of a sign.
Poles, posts, walls, frames, brackets, or other supports
holding a sign in place.
A sign tacked, nailed, posted, pasted, glued or otherwise
attached to trees, poles, stakes, fences, public benches, streetlights,
or other objects, or place on any public property or in the public
right-of-way or on any private property without the permission of
the property owner (also known as "bandit sign").
The exterior facade of a building housing a commercial use
visible from a street, sidewalk or other pedestrian way accessible
to the public and containing the primary entrance to the commercial
establishment.
A display made of lightweight, flexible materials, containing
long, narrow, wavy strips hung individually or in a series, with or
without a logo or advertising message printed or painted on them,
and typically designed to move in the wind.
The side or sides of a lot abutting on a public street or
right-of-way.
A banner suspended above a public sidewalk and attached to
a single street pole. These signs shall not contain any commercial
advertising.
An outdoor unit with a slatted face that allows three different
copy messages to revolve at intermittent intervals.
A building-mounted sign which is either attached to, displayed
on, or painted on an exterior wall in a manner parallel with the wall
surface. A sign installed on a false or mansard roof is also considered
a wall sign (also known as "facial sign," "parallel wall sign" or
"band sign").
Any sign that is applied, painted or affixed to a window,
or placed inside a window, within three feet of the glass, facing
the outside of the building and easily seen from the outside. Customary
displays of merchandise or objects and material without lettering
behind a store window are not considered signs.
D.
Additional requirements.
[Added 4-10-2019 by Ord.
No. 2019-04]
(1)
Purpose and intent. The purpose of this section is to encourage the
effective use of signs as a means of communication, to maintain an
aesthetically pleasing environment, and the Township's ability to
attract economic development and growth, to protect and improve pedestrian
and vehicular safety, to minimize the potential adverse effects of
signs on nearby public and private property, to protect the expressive
rights to all persons within the scope of applicable law and to enable
the fair and consistent application of the regulations contained herein.
(2)
Signs shall be permitted as accessory uses and structures. Signs
may be used, erected, maintained, altered, relocated, removed or demolished
only in compliance with the provisions of this section, and any and
all other ordinances and regulations of the municipality relating
to the use, erection, maintenance, alteration, moving or removal of
signs or similar devices. Sign definitions are found in this section.
In the event of conflicting regulations, the most restrictive shall
apply.
(3)
Sign permit. A sign permit shall be required for the installation
or alteration of all signs, unless exempted from such requirements
under this section, in accordance with the following requirements:
(a)
Application requirements. All applications for sign permits
shall be made to the Zoning Officer on forms provided by the municipality.
All applications shall be signed by the owner of the sign and the
property owner on whose premises the sign is to be erected, or duly
authorized agent. All applications shall contain a sketch of the proposed
sign, drawn to scale, the area of the sign and the location where
the sign will be attached to a building or a plot plan showing the
location of the proposed sign with dimension to the nearest building
and lot lines, depending on the type of sign. All applications shall
be accompanied by the appropriate fee. For the purposes of this section,
the Zoning Officer shall either approve, approve with conditions,
or deny the sign permit application in accordance with the time requirements
of N.J.S.A. 40:55D-18.
(b)
Sign permit invalidation. Any of the following events or actions
shall cause a sign permit to be invalidated:
(c)
Effect of invalidation.
[1]
For a period of not more than six months, a sign may continue
to be displayed once its permit has become invalid, provided the property
is being actively marketed for a new owner or tenant. In any other
instance, the sign shall be removed within 30 days of the permit invalidation.
Internally illuminated box signs shall be considered to meet the requirement
for removal if the message is turned to face the interior of the box.
At no time shall the lighting elements of the sign box be visible
to passersby.
[2]
It shall constitute a violation of this section for each and
every day that a sign with an expired permit is displayed. In addition
to the remedies stated above, signs which continue to be displayed
in violation of this section shall be subject to removal and the owner
shall be liable for the full costs of such removal and disposal.
(d)
Abandonment. If a sign advertises a business, service, commodity,
accommodation, attraction, or other enterprise or activity that is
no longer operating or being offered or conducted for a period of
time greater than six months, that sign shall be considered abandoned
and shall, within 30 days after such abandonment, be completely removed
by the sign owner, owner of the property where the sign is located,
or other party having control over such sign. In this context, a seasonal
business such as a farm stand shall be considered operational even
though closed for a period not to exceed nine months.
(4)
Sign area calculation. For the purposes of this section, "sign area"
shall mean the area expressed in square feet, within a rectangle enclosing
the extreme limits of writing, symbols, logos, letters, figures, emblems
or other representations, plus all material or color forming an integral
part of the sign or used to differentiate the sign from the background
against which it is placed, provided that:
(a)
In the event a sign is designed with more than one face, the
area shall be computed by including only the maximum surface display
area of one face, provided that the message is the same on each face.
(b)
For round, triangular, or other nonstandard signs, the size
shall be computed by the area that may be viewed from one vantage
point expressed as a single plane.
(c)
Supports, uprights, skirting or other structures on which any
sign is attached or supported shall not be included in the calculation
of sign area unless such structure is designed in such a manner as
to form an integral part of the sign or conveys meaning.
(d)
The area of lamps, neon tubing, or other artificial illumination
visible on a sign face shall be counted as part of the total allowable
sign area. The area of lamps trained on a sign to provide external
illumination, however, shall not be included in this calculation.
(5)
General provisions.
(a)
Official sign imitation. No sign shall be erected that is of
such character, form, shape, or color that imitates or resembles any
official traffic sign, signal, or device, when placed in a location
or setting ordinarily used to give official vehicular directional
information and is likely to confuse motorists. Viewpoint signs characterized
by parody content under _____ are exempted from this restriction.
(b)
Permitted uses. No sign shall be erected containing a message
that states or implies that a property may be used for any purpose
not permitted in the zoning district or by duly authorized variance
in which said sign is located under the provisions of this section.
(c)
Prohibited placement. No sign shall be placed on any tree, telegraph, electric light or public utility pole, or upon rocks or other natural features or within a public right-of-way, except as permitted in Subsection D(5)(d) below. Signs placed illegally in such locations shall be subject to removal by the municipality.
(d)
Public property and rights-of-way. Any sign installed or placed
on public property, except in conformance with the requirements of
this section, shall be forfeited to the public and subject to removal.
In addition to other remedies that may be imposed under this section,
the municipality shall have the right to recover from the owner or
person placing such sign the full costs of removal and disposal of
such sign. No sign other than traffic control or similar official
governmental signs shall be erected within or project over the right-of-way
of any public street or sidewalk, except as otherwise provided. Any
sign located along the right-of-way of a state or federal highway
shall comply with any more restrictive requirements of the state and
federal governments.
(e)
Street numbering. Street numbering shall be required for every
dwelling unit and nonresidential building. Residential uses shall
be identified with numbers and lettering at least four inches in height.
Nonresidential uses shall be identified with numbering or letters
at least six inches in height. Such signage shall not be included
in the sign area nor sign number limitations. Street numbering shall
be located within three feet of the main entrance, on a mailbox or
lamppost on the same lot as the building or incorporated into an approved
freestanding sign.
(f)
Corporate franchise signs. Signs identifying franchise operations
or corporation logos shall conform to the criteria for all other signs
in the Township of Oldmans.
(g)
Planned development. Whenever planned development is proposed,
the Planning Board may approve a comprehensively designed signage
plan with coordinated colors, styles, sizes, setbacks and allowed
number of signs that deviate from the requirements of this section
in accordance with N.J.S.A. 40:55D-45a and 40:55D-65c.
(h)
Relief and sign face distance. Excepting viewpoint signs under
_____, no sign shall contain characters or graphics exceeding three
inches in relief from the sign face. The maximum distance between
the faces of a double-faced sign shall not exceed 24 inches. No wall
sign shall project more than 12 inches from the plane of the attaching
surface.
(i)
Sign distance and visual impediment. No sign shall be erected
within the clear sight distance triangle as otherwise established
in this section, unless the topmost portion of such sign is less than
30 inches high. In no case shall any sign be erected that impedes
the vision of motorists or pedestrians in the course of driving or
walking in such a manner that it endangers their safety or the safety
of others.
(j)
Unlawful cutting of trees or shrubs. No person may, for the
purpose of increasing or enhancing the visibility of a sign, damage,
trim, destroy, or remove any trees, shrubs, or other vegetation located:
[1]
Within the right-of-way of any public street or road, unless
the work is done pursuant to an approved site plan or subdivision
plat.
[2]
On property that is not under the ownership or control of the
person undertaking or responsible for such work, unless the work is
done pursuant to the express authorization of the person owning the
property where such trees or shrubs are located and is not otherwise
in violation of this section and Section _____ of the ordinance.
[3]
In any area where such landscaping is required to remain under
any Board approval or permit issued under this section or other ordinance
of the municipality.
A.
Provisions shall be made for the indoor or enclosed
storage of garbage and refuse.
B.
Outside garbage, when permitted, shall only be permitted
in areas approved by the municipal agency. Such areas shall, as nearly
as may be practicable, be shielded from public view and protected
by adequate fencing and/or screening.
C.
Screening of refuse areas. Those areas adjacent to
or within the parking area designated as refuse storage and pickup
areas shall be properly screened to prevent the unsightly display
and the scattering of debris. The following minimum requirements shall
apply:
(1)
The area shall be surrounded on all sides by a uniform
solid fence not less than five feet nor more than eight feet in height.
The fence shall be located and be of such type as to promote safety
and ensure against creation of an unsightly condition. The fence must
at all times be maintained so as to be kept in a sound, upright, fully
repaired and painted condition or, if not painted, shall be made of
such material as does not corrode, rust or change appearance if left
unpainted. The opening in the fence shall be so located as to prevent
the visual display of refuse from any adjacent parking area or street.
No fence shall be erected until plans, samples or catalog cuts defining
the fence, accesses and screening are approved by the Zoning Officer
or the Planning Board or the Zoning Board.
[Amended 8-7-2002 by Ord. No. 2002-6]
(2)
In addition, the fence shall be of the stockade or
solid type, including gates, which shall screen from view, entirely,
the refuse containers and refuse storage area.
(3)
No refuse enclosure or area shall be located in any
area considered to be a front yard or in any area of a site which
fronts on any street.
(4)
In addition to the stockade or solid fence, plantings,
such as dense shrubs or trees, shall be planted around the refuse
enclosure to further screen the enclosure and enhance the enclosure
aesthetically. A landscaping plan shall be submitted for approval
by the Planning Board or the Zoning Board.
[Amended 8-7-2002 by Ord. No. 2002-6]
D.
Debris.
(1)
Materials accumulated by clearing, grubbing and excavation
shall be disposed of by the developer in a manner satisfactory to
the Engineer, except that materials suitable for embankment shall
be used for that purpose, if needed therefor. Burying of these materials
will not be permitted in any case.
(2)
At the time of the tender of a plan for final approval
for subdivision of real estate in this municipality, an estimate shall
be made for and on behalf of the municipality by the Township Engineer
as to the cost of removal of the development debris for the development.
Before final approval of the plan, such estimate furnished by the
Township Engineer shall be included in the guaranty to be furnished
by the developer.
(3)
The Township Zoning Officer shall keep a constant
check on debris from the subdivision of land and construction of buildings
and shall not permit accumulations in any real estate development.
In the event that there is any substantial accumulation of such debris
in any development, the Zoning Officer shall forthwith give written
notice to the developer to remove such debris from the real estate
development. In the event that such debris is not promptly removed,
the Zoning Officer is hereby authorized and directed to refrain from
giving certificates of occupancy for building permits until the debris
is cleared up and removed.
(4)
Whenever the subgrade is established to be coincident
with the existing ground surface, the vegetation and underlying topsoil
of the existing ground surface within the excavation and embankment
areas shall be stripped off to a depth of not less than four inches
and not more than six inches. Street and roadway excavation shall
be carried out so that the subgrade throughout the work is kept properly
drained.
(5)
Excavated materials shall be placed in an embankment
when suitable therefor or shall be used for backfill or other purposes.
Material in excess of that required shall be disposed of by the developer,
contractor or subcontractor.
(6)
Borrow excavation for road construction shall include
the furnishing, transporting, placing and consolidating of materials
required for embankment in excess of that obtained from other excavation
and other incidental work. All borrow excavation shall be suitable
for embankment and approved by the Township Engineer.
E.
Storage and waste disposal.
(1)
In all districts permitting such an operation, use
or any activity involving the manufacture, utilization or storage
of flammable, combustible and/or explosive materials, such storage
shall be conducted in accordance with the regulations promulgated
by the Department of Labor and Industry of New Jersey or the Fire
Code of the National Fire Protection Association, whichever is more
restrictive.[2]
(2)
All flammable, explosive and/or combustible material
shall be stored in accordance with the National Fire Protection Association
or the New Jersey Department of Labor and Industry Code, whichever
is more restrictive.
(3)
All outdoor storage facilities for fuel, raw materials
and products and equipment stored outdoors, wherever permitted, shall
be enclosed by an approved safety fence and visual screen and shall
conform to all yard requirements imposed upon the principal buildings
in the district.
(4)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation or which will
destroy aquatic life be allowed to enter any stream or watercourse.
(5)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in containers that are adequate to eliminate such hazards.
F.
All commercial establishments shall provide for private
garbage collection. No municipal garbage collection will be provided
for commercial establishments by the Township.
A.
Streets.
(1)
All developments shall be served by paved public streets
with an adequate crown. The arrangement of streets not shown on the
Master Plan or Official Map, as adopted by the Township, shall be
such as to provide for the appropriate extension of existing streets
and should conform to the topography as far as practicable.
(2)
When a new development adjoins land susceptible of
being subdivided, suitable provisions shall be made for optimum access
of the remaining and/or adjoining tract to existing or proposed streets.
Any proposed development shall utilize existing access provisions
from adjacent developments wherever possible and feasible.
(3)
Local streets shall be planned and identified with
appropriate signs so as to discourage through traffic.
(4)
In the event that a development adjoins or includes
existing streets that do not conform to widths as shown on the adopted
Master Plan and/or Official Map or the street width requirements of
this chapter, additional land along either or both sides of said street
sufficient to conform to the right-of-way requirements shall be dedicated
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
on street rights-of-way. The necessary deed of ownership shall be
furnished, and the dedication shall be expressed as follows: "Street
right-of-way granted permitting entrance upon these lands for the
purposes provided for and expressed in the Land Development Ordinance
of the Township of Oldmans." This statement shall in no way reduce
the developer's responsibility to provide, install, repair or maintain
the facilities in the area dedicated by ordinance and/or as shown
on the plan and/or as provided for by any maintenance or performance
guaranties. If the development is along one side only, 1/2 of the
required extra width shall be dedicated. Additionally, that portion
of the existing street or road adjoining or included within a site
plan or major subdivision shall be improved, including excavation,
grading, base courses and surfacing, in accordance with the road improvement
standards of this chapter.
(5)
The minimum public street right-of-way for Township
streets shall be as approved by the Planning Board, but in no case
shall any municipal street have less than a fifty-foot right-of-way.
Concerning streets under Salem County jurisdiction, the county recommendations
shall prevail.
(6)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 60º, and approaches
to all intersections shall follow a straight line for at least 100
feet. No more than two streets shall meet or intersect at any one
point, and the center lines of both intersecting streets shall pass
through a common point. Measuring from this common point, two intersections
shall be spaced a sufficient distance to permit a minimum of two lots
between the two street rights-of-way.
(7)
Culs-de-sac of a permanent nature (where provision
for the future extension of the street to the boundary of the adjoining
property is impractical or impossible) or of a temporary nature (where
provision is made for the future extension of the street to the boundary
line of adjoining property) shall be no more than 750 feet in length
and shall provide a turnaround at the end with a radius of 50 feet
on the curbline, plus a utility and planting strip width of 10 feet
around the entire cul-de-sac. The center point for the radius shall
be on the center line of the associated street or, if offset, offset
to a point where the radius becomes tangent to the right curbline
of the associated street.
(8)
No street shall have a name which will duplicate or
so nearly duplicate the name of an existing street that confusion
results. The continuation of an existing street shall have the same
name. Curvilinear streets shall change their names only at street
intersections. The Board shall reserve the right to approve or name
streets within a proposed development.
(9)
The pavement width of streets and the quality of surfacing
and base materials shall adhere to the standards set forth by the
Township, County or State Engineer when said paving concerns roads
under his jurisdiction.
(10)
The approval of any map of land delineating
streets by the governing body of the Township shall in no way be construed
as an acceptance of any street indicated thereon.
B.
Curbs. Curbing shall be provided along street cartways
and at street intersections as determined by the Township Engineer
and approved as part of the development application approval. Where
required, curbing shall be concrete and shall meet the following specifications:
(1)
The concrete to be used for curbs shall be Class B
concrete as specified in the New Jersey State Highway Specifications
for Curbs and Gutters.
(2)
Expansion joints shall be provided at intervals of
20 feet and shall be sealed as specified by the Township Engineer.
(3)
Openings for driveway access shall be in such widths
as shall be determined by the Township Engineer and Board. The curb
at such driveway openings shall be depressed to the extent that 1
1/2 inches extends above the finished pavement. The rear top corner
of this curb shall have a radius of 1/4 inch, and the front top corner
shall have a radius of 1 1/2 inches.
(4)
Concrete curbs not combined with gutters shall be
eight inches wide at their base and not less than six inches wide
at their top. Their height shall not be less than 18 inches, and they
shall be constructed to show a vertical face above the roadway pavement
of six inches. The rear top corner of this curb shall have a radius
of 1/4 inch, and the front top corner shall have a radius of 1 1/2
inches.
(5)
Combination concrete curb and gutter shall be constructed
on a base of sand, cinders or broken stone six inches in depth and
extending 12 feet beyond the rear face of the curb and 12 inches beyond
the face of the curb. The total width of the curb and gutter shall
be 30 inches, with a width at gutter elevation of seven inches. Their
height shall not be less than 12 inches, and they shall be constructed
to show a vertical face above the roadway pavement of six inches.
The top of the curb shall also be six inches. All exposed edges shall
be rounded with a radius of 3/4 inch to one inch.
[Amended 9-3-1997 by Ord. No. 97-5]
C.
Sidewalks. Sidewalks shall be provided as determined
by the appropriate Land Use Board and approved as part of the development
application approval. Where required, sidewalks shall be at least
four feet wide. Sidewalks shall be designed and constructed in accordance
with Section 5 of the New Jersey Department of Transportation Roadway
Design Manual and the New Jersey Administrative Code, Title 16, Chapter
47.
[Amended 9-4-2002 by Ord. No. 2002-5]
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. The pool shall be located in rear yard areas only, shall occupy no more than 75% of the yard area in which it is located and shall meet the setback distances for accessory buildings as specified in Article IV for each particular zoning district, except that in no case may a swimming pool be located closer than 15 feet to any lot line.
B.
A private residential swimming pool shall be surrounded
by a suitable fence with a self-closing and self-latching gate at
least four feet but no more than six feet in height, and said fence
shall be set back from any lot line at least 15 feet if the fence
exceeds four feet in height.
[Amended 8-7-2002 by Ord. No. 2002-6]
C.
All swimming pools shall meet the appropriate design
standards as set forth by the National Swimming Pool Institute.
A.
Where public water is accessible and certified to
be adequate, water mains shall be constructed in such a manner as
to make adequate water service available to each lot or building within
the development. The entire system shall be designed in accordance
with the requirements and standards of the agency having approval
authority and shall be subject to its approval. The system shall also
be designed with adequate capacity and sustained pressure.
B.
Where no public water is accessible, water shall be
furnished on an individual-lot basis. If wells are installed on each
lot and the lot also contains its own sewage disposal facilities,
the wells shall be of the drilled type with a minimum of 25 feet of
casing. Well installation, sealing and testing shall be in accordance
with the New Jersey Standards for Construction of Water Supply Systems
in Realty Improvements (Chapter 199 of the Public Laws of 1954), as
amended.[2] The well will be required to have a production of not
less than six gallons per minute, as established by bailor tests and
certified by the well driller. Before being placed in consumer use,
it shall be disinfected by the use of sodium hypochlorite or other
acceptable solutions, and a sample shall be collected by a local or
State Health Department representative for bacteriological examination.
A copy of the result of the above-referred-to bailor tests and bacteriological
examination and a certificate from the local or State Health Officer
that the owner has complied with the applicable local or state health
regulations shall be submitted to the Township before the issuance
of a certificate of occupancy in connection with each individual lot.
[2]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
